『中國民約精義』의 君民論과 그 한계

Abstract

Essence of Chinese Social Contract is a book that described the negative effect of the monarch system as like as Huangzongxi'(黃宗羲) “Mingyidaifanglu(明夷待訪錄)”. Liushipei(劉師培) founded out the concept of "social contract' in the Chinese literature compared to Huang zongxi' chinese political theory. Monarch and people are classified as a hierarchic system in the absolute monarch. In this point, people are only subjected to the monarch. However, the relationship between them is defined as the equal subjects in the old chinese literature. Under the absolute monarch system, the king enjoys the absolute power. This power comes from the military government politics. The sovereignty is the public power of people, but it is delegated to the monarch. This is the power of monarch. Therefore. monarch should be use his power in guidance of the natural law or public law. People are the main subject of state. Monarch is the person who act his power under the consent of people. In this respect, the relationship between monarch and people is equal. The right of people are defined as the freedom of press, the right of opposition, the right of organization, and that of civil liberty. However, these rights did not maintained by law. Therefore, Liu shipei insists the establishment of people’ right through the institution of law. But Liushipei changed his belief later to the period of Yuanshikai(袁世凱)’ Qing(淸) government. Consequently Liu’s ‘the equality of monarch and people based on law’ in his “Essence of Chinese Social Contract” has been faded out. Liushipei is the first person who founded out the concept of ‘the equality of monarch and people based on law’ in the chinese literature. Therefore, his concept of law regarding with political class should be respected even he changed his belief later.