LI Yunlong

 

Abstract: The human rights concepts in contemporary China have three characteristics. First, focus on the big picture. For Chinese, human rights refer to living conditions of the majority rather than privileges of the minority. Second, strike a balance between rights and obligations. In China, individuals shall fulfill or even prioritize their obligations to the society before enjoying rights. Third, value the substance of human rights. In pursuing social progress, China cares no forms of human rights, but strives to boost social development and people’s well-being. 

 

These three features are mostly influenced by traditional Chinese cultures. China is a society that values obligations and the whole. Thus, it is obligation stipulation rather than right division that links Chinese people closely. Specifically, individuals fulfill the obligations allocated by the society to achieve social ties and benefit distribution. The society requires that individuals shall fulfill their obligations to others and the society because collectives such as families and villages, instead of individuals, are regarded as the basic units of the society. In other words, the individual can only realize his social value when he is a member of the collective.

 

Such an emphasis on fulfilling obligations is obviously embodied in the concept of “li” (rites) that takes a preeminent position in Chinese society. “Rule of li” had long been implemented in ancient China. The traditional “li” is not only the general stipulation on manners, but also the strict guidelines in regard to social and political roles as well as rules and norms on behaviors. “Li” clarifies individuals’ obligations to others, but fails to mention what they can benefit from others, i.e. individual rights are not specified. Admittedly, in a society everyone abides by “li”, the person will be treated with “li” by others if he fulfills  the obligation of “li” to others. Thus, mutual interests can be effectively adjusted. 

 

In Chinese tradition, people are prone to think over questions from the obligation perspective. History and tradition stipulate various obligations of individuals who play different roles. These absolute and irresistible obligations are compulsory requirements of the society to individuals. Confronted with powerful public opinions and influenced by the ideology and customs from childhood, individuals actually have few choices because their survival is highly dependent on social groups such as families and communities. In general, individuals must follow the requirements of obligations. After his birth, one person will get a position in his family. He must complete certain tasks and fulfill obligations during all stages in his life. He must be filial to parents, amicable to younger brothers, respectful to elder brothers, kindhearted to wife, and kind to children. Similarly, one must fulfill his obligations in a wider society. For instance, he must be honest to friends, loyal to the monarch, and benevolent to the people. Owing to this obligation-oriented governance system, China has maintained the uninterrupted history, created glorious cultures, and resisted attacks of nomads in the north. The form of social organization demonstrated great vitality, and it was not defeated by the Western culture until the modern times.

 

Key words: Chinese culture ;human rights; Traditional concept