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近代中国社会救济的理念嬗变与立法诉求
The Evolution and Legislative Claim of Social Relief in Modern China
【摘要】 中国传统社会救济理念主要源于儒家及佛家宣扬的慈善观念,基于这种理念的救济活动源远流长,体现出慈善恩赐、重养轻教、济贫救困的明显特色,但终究不能将社会救济事业导入法制化轨道。晚清以降,受到西方社会救济理念的影响,中国传统社会救济理念开始向近代嬗变,慈善观念演进为国家责任观念,重养轻教的消极救济观念演进为教养并重的积极救济观念,道德色彩浓厚的济贫救困观念演进为“全民救济”观念。理念的嬗变为近代中国社会救济事业的发展提供了理论支撑,并进而在民国政府颁布的有关社会救济法规中化为国家的立法诉求。
【Abstract】 The traditional idea of social relief in China came from the charitable principle publicized by the Confucianists and the Buddhists. In that tradition, relief activities have had a long history with three obvious characteristics—Charitable bestowal, thinking much of material benefits and less of spirit education, and helping the poor. However, it cannot lead the social relief enterprises to the legalized track. Since the late Qing Dynasty, owing to the influences of the advanced social political theories and social relief ideas from the West, the traditional Chinese relief idea began to take on its modern meaning. First of all, traditional society valued human relations. A monarch regarded the whole nation as his own possession and common people as his subjects. Therefore, a wise ruler considered social relief as pities on his people while common people thought it to be gracious gifts from the government. In the Modern age, under the influences of the Western ideas on democracy and sovereignty thoughts at people, the traditional idea of charitable relief was gradually abandoned. The improved idea of national responsibility gradually sank deep into the hearts of the people. Secondly, traditional China was an agricultural society and affected by the Confucianist moral thoughts that righteousness was more important than benefits. So, the social relief pattern shows obvious features that material benefits are attached with greater importance than spirit education. Such a pattern helped stabilize the society at that time. However, along with the beginning of the modern industrialization, Chinese society started to march into a transitional period. The former pattern shifted to an active one accordingly in which spiritual education was as important as material benefits. Thirdly, traditional China was also an etiquette society. As a result, the financial aid, no matter from the government or folk organizations, will be only given to those who confined themselves to the ethnic morals. People who violate the three cardinal guides and the five constant virtues ethics could not get the help from any relief activities. Along with the development of modern China, the heavy colors of ethnic morals in social relief activities started to desalinate. Not until the time of Nanjing national government, through the survey on the social relief enterprises in Europe and America, did China get a more intuitional understanding of the principle of the ″whole-people relief″ and the ″comprehensive relief″. This understanding was executed in the Social Relief Law issued later. In brief, the evolution of the idea of relief in modern China is generally exemplified in three aspects—from charitable idea to responsible idea, from passive relief to active relief, and from helping the poor only to the all-people relief. This evolution provided the theoretical support for the social relief enterprises of modern China, and was converted into the legislation claim in the relevant relief laws issued by the government of the Republic of China.
【Key words】 modern China; social relief; evolution of ideas; legislative claims;
- 【文献出处】 浙江大学学报(人文社会科学版) ,Journal of Zhejiang University(Humanities and Social Sciences) , 编辑部邮箱 ,2007年03期
- 【分类号】K25
- 【被引频次】40
- 【下载频次】878