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《Peking University Law Review》 1998-02
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Confucianism and Protestant: Indigenous Complex & Cultural Resistance in China's Centennial Constitutional Construction

Bao Wanchao  
The article examines why the Anglo-American constitutional systems were difficult to be transplanted in China during the past century. Modem constitutionalism is characterized by the guarantee of human rights and the design of a limited government. By contrast, most Chinese constitutional codes in the 20th century were based on limited human rights and omnipotent governments. How can this be the case.? Does a particular kind of Chinese constitution- alism exist? In addition, how to understand the problem of constitu-tional changes in China? To make sense of these basic issues, we should probe deeper into the concept of human nature, the founda-tion of constitutional philosophy, and explore further Chinese prac-tice on constitutionalism-transplanting. The article aims to es-tablish an explanatory theory in the comparative perspective of Con-fucianism and Protestanism, the relationship between the philoso-phies of human nature and the designs of constitutional systems, which makes up the core of the argument. The article argues that the fundamental cause of Chinese failure in constitutionalism-trans-planting is the defensive, reactive, and even paranoid cultural na-tionalism, that is, the native complex of Confucianism and corre-sponding cultural resistance. To compound the problem, ideologies such as the Three Peoples' Principles and Marxism also have been utilized to fight against Protestant culture. The article concludes by suggesting that the most pressing question for contemporary consti-tutionalism in China be to reach a general world-wide pattern of cultural identity.
【CateGory Index】: D921;B91
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