CAJ | 학술논문

以君权为核心是中国传统的权利模式，至辛亥革命推翻封建专制主义社会发生了质的改变。乘“西学东渐”之风而兴起的“民权”理念，被近代先进的思想家引进、传播，并将其作为否定专制权力的理论武器。近代“民权理念”和传统中国的“民本思想”有着重大的区别，前者强调“主权在民”，是在近代法治基础上的个体本位的权利意识；而后者则是建筑在人治基础上的集体本位的权利意识。从古代的“民本思想”，到近代先进知识分子倡导的“民权理念”，再到“五四”民主、自由旗帜下的“人权理念”，近代中国“权利理念”转化的“三部曲”，反映了半殖民地半封建社会的环境下，中国人民的思想觉醒与权利理念的演化历程。
이군권위핵심시중국전통적권리모식，지신해혁명추번봉건전제주의사회발생료질적개변。승“서학동점”지풍이흥기적“민권”이념，피근대선진적사상가인진、전파，병장기작위부정전제권력적이론무기。근대“민권이념”화전통중국적“민본사상”유착중대적구별，전자강조“주권재민”，시재근대법치기출상적개체본위적권리의식；이후자칙시건축재인치기출상적집체본위적권리의식。종고대적“민본사상”，도근대선진지식분자창도적“민권이념”，재도“오사”민주、자유기치하적“인권이념”，근대중국“권리이념”전화적“삼부곡”，반영료반식민지반봉건사회적배경하，중국인민적사상각성여권리이념적연화역정。
The regality as the core is the traditional rights mode in China. It had not been transformed Completely until the feudalistic absolutism society was overthrew by the Revolution of 1911. The civil rights idea that has been sprung up with ＂West Culture Spreading to the East＂, and was took as one kind of the idea weapon to overthrow autarchy right by the neoteric advanced ideologist. There has very important differences between ＂the civil rights idea＂ in modem time and ＂the civil core idea＂ in traditional China. The former one emphasized that ＂essential right belongs to people＂, it was a kind of rights idea of ＂individual core＂, which has been constructed on the foundation of constitutionality in modem time, the latter one, however, was a kind of rights idea of ＂collectivity core＂, which has been constructed on the foundation of autarchy. From ＂the civil core idea＂ in the old time to ＂the civil rights idea＂ which was sparked plug by the advanced intellectual in modem time, until to ＂the human rights idea＂ which was blazoned forth by May 4th Movement. Three phases of the transformation of ＂rights idea＂ which reflected the change course of idea disillusion and rights idea of Chinese people in the neoteric society of the semi-colony and semi-feudal.