The Chinese Human Rights Reader:

25. A Discussion of Constitutional Stipulations Concerning the People’s Rights (1933)

Qiu Hanping

Qiu Hanping (1904–?), jurist, banker, and government official, was one of those active in the debate on constitutionalism in the early 1930s. Like some others such as Zhang Zhiben, and in contrast to Wu Jingxiong (see Text 24), Qiu emphasized that the constitution should fully protect people’s rights and freedoms. He criticized earlier Chinese constitutions for falling short of fully guaranteeing the protection of people’s rights, and also pointed out that these stipulations in any case had not been upheld and respected. The piece by Qiu translated here, although showing a strong concern with people’s rights and freedoms, nevertheless also reveals something of an uneasiness with the language of human rights. Qiu is furthermore critical of the earlier narrow focus on civil and political rights. He advocates a more active state, applauding what he characterizes as the “process of development from passive to active, from individual to social, from abstract to substantial—to put it in simple terms, progressing from passive laissez-faire to welfare policies.”


Last updated: 12/3/01
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