People are supreme in the Chinese conceptualization of human rights. This has been so from the very beginning. Although old China was governed by emperors, the ruling class frankly admitted that their authority depended on the masses of the people rather than an elite.
The Chinese people of ancient times regarded "Heaven" as the source of the ruler's authority. The Book of Songs says: "How merciful and perspicacious is God! He gives the humble people a thriving and prosperous country in which to live. From Heaven, he sees the earthly world clearly and keeps a strict watch over it." How could God in Heaven do this? As the Book of Songs has it, he names a "Son of Heaven," identified by the people as their monarch. But once having been chosen, how does the monarch keep in contact with God? The Chinese explanation is very different from that of the Occident. In the West, monarchs simply proclaimed that their word was that of God and asserted their power in declarations that "I am the State." Rejecting such despotism, Chinese monarchs admitted that they were carrying out the will of Heaven as defined by the people." As the Book of History puts it, "Heaven sees and hears as the people see and hear. Heaven dreads what the people dread. Heaven will satisfy the great needs of the people, for whom God has sympathy."
The people of ancient China cherished the concept that they were ruled by the Son of Heaven with supervision from Heaven and that public opinion expressed the supreme will. Heaven would appoint a monarch who was supported by the people and destroy one who had been deserted by the people. The Son of Heaven was answerable to the people, who were the real rulers under Heaven. This became the foundation for the concept of human rights in Chinese political thought.
At first this concept was ambiguous and far from explicit but was nevertheless well developed by the time China's creative period dawned in 2357 B.C. It remained for Confucianism to re-express the concept in concrete terms.
In his theorizing about the unity of man and nature, Confucius said man's nature reflects the Way of Heaven. He did not discriminate between the two. As Tzu Kung said, "The Master's discourses about man's nature and the Way of Heaven cannot be heard." Confucius went even further to say, "People are the foundation of the State. When the foundation is solid, there is a stable state." The Great Learning puts the matter this way: "When a prince loves what the people love, and hates what the people hate, he may be called the parent of the people... By gaining the people, the kingdom is gained. By losing the people, the kingdom is lost."
Mencius, the leading exponent of the teachings of Confucius, affirmed that man's nature was good. He advocated that all things be completed in man and stressed the dignity of man's nature. Taking over Confucian humanism, he developed a political theory that "Sage and man are of the same class." Mencius upheld the people's political importance, maintaining that "The people are the most essential element in a state; the spirits of land and grain are next; the sovereign is the least important." This is an unprecedentedly outspoken statement on the supremacy of human rights.
Mencius's theory of human rights is developed in discussions of several historical incidents. When Emperor Yao abdicated the throne and left it to Emperor Shun, Mencius points out, he was carrying out the wish of Heaven and not assuming that he had the right to give away the throne. It is clear that the wish of Heaven reflects the wish of the people. This is basic to human rights; the arrangement was "Obedient to Heaven and responsive to man." In considering T'ang's banishment of Chieh and King Wu's smiting of Chou, Mencius wrote that Chieh and Chou were not sovereigns but ordinary fellows to be likened to a robber or ruffian who had outraged righteousness and benevolence, As he put it, "I have heard of the killing of the fellow Chou, but I have not heard of putting a sovereign to death." In the view of Mencius, if a sovereign became a ruffian or robber, he was no better than a "mere fellow" and it was not wrong for a minister to kill him. Mencius developed human rights to a high point which does not differ from the concept of Western democracy.
Confucianism laid the Chinese cultural foundation, established China's social organization and shaped the Chinese political system beginning with the Ch'in and Han Dynasties. This means that from this ancient period China has had human rights despite the institutional existence of autocracy.
Confucianism and the Classics were instilled in the people's minds during the more than 400 years of the Han Dynasty (206 B.C.-219 A.D.). This way of thinking was so revered as to become part of the way of life, shaping the morality, sentiments and ideology of the people. After that and for more than 1,800 years, Chinese national life was sustained despite the chaos caused by invasions of barbarian tribes. The Chinese rejuvenated their culture and burnished it as brightly as ever through the Three Kingdoms (222-265), South and North Dynasties (420-589), Sui (581-618), T'ang (618-907), Five Dynasties (907-959), Yuan (1277-1367) and Ch'ing (1644-1911). Confucian thought stabilized social institutions and traditional political systems, allowing the Chinese concept of human rights to perform astonishing miracles and place the nation on a sound basis.
Dr. Sun Yat-sen, the Founding Father of the Republic, once said the Chinese people were like loose grains of sand because they enjoyed a great deal of liberty and did not understand its significance. He accurately depicted the Chinese political situation before the establishment of the Republic of China in 1911. He wrote, "In the Ch'ing Dynasty, there were in each and every province a governor, some prefecturers and several assistants; consequently, the people had little to do with the Emperor. The only relationship of the people with the Emperor was to be found in the payment of taxes. Once payment was made, the people were left to live and die without outside interference. So we can see that the Chinese did not suffer much from direct autocracy."
"The sky is high and the Emperor is far away" characterized Chinese society from the time of Ch'in and Han down to the Manchu domination. Confucianism had penetrated deeply into the hearts of the people. Intellectuals gradually became the elite scholar class—the first of four classes—and played a leading role in society. Despite the changes of dynasties and even barbarian invasion and usurpation, the basic leadership of the intellectuals was never threatened.
Of the four Chinese classes, scholars came first, followed by farmers, workers and merchants. The last three were producers who contributed their labor to society. Not being producers, the scholars were able to contribute their knowledge to the education of the other classes. The golden mean is well expressed in the proverb, "Let those who labor with their minds govern others; let those who engage in physical work be governed by others." Scholars had good reason to be respected by the other classes. They did not seek personal advantage. Instead, they followed the Confucian instruction to "set the will on the path of duty," turned their backs on luxurious living and endeavored to erect a cultural framework that would raise men above themselves. Without producing anything, the scholars contributed more to society than those who did. Scholarly contributions have stood the test of time; the scholars won the admiration of the other classes and the right to be supported. This is a great virtue of Chinese culture.
Two examples will serve to show the moral dedication of Chinese scholars in ancient times. Fan Chung-yen of the Sung Dynasty came from the slums and his life was hard. His mother was unable to support him after his father's death and married again. He had to take his stepfather's name. He was sent to live and study at a Buddhist temple and sometimes went hungry. Despite such frustrations, he developed the ability to take over the government of a state. His life's ambition was to assuage the suffering of the people and make them prosperous. Ku Yen-wu lived as the Ming Dynasty was expiring and the Ch'ing Dynasty was taking over. He was the son of a rich man of K'un Shan in Kiangsu. Leaving his comfortable home, he went to the far north and lectured. He said, "The rise or fall of a state depends on the policy of officials, while the rise or fall of a country depends on individuals." The Ming Dynasty had fallen, so affairs involving the rise or fall of the state should be administered by officials of the Ch'ing Dynasty. The future, on the other hand, was up to the people; they would have to decide whether Chinese culture was to be revived and continue to grow.
These eminent scholars of old came from different backgrounds but they had the same attitude toward political affairs. Their views were typical of those held by Chinese scholars during the long autocratic period. They were proud of their scholarship and were determined to carry out their responsibilities and obligations to the best of their ability. The straightforwardness of the intellectuals was appreciated by the people. Scholars were trusted and venerated; they occupied a special position and were endowed with some political powers during the Chinese dynastic period.
Meng Tzu (Mencius), 372-289 B.C.
There were three ways in which scholars could participate in government during monarchical times. The first was the direct route of the civil service examination based on Confucianism. Chinese monarchs regarded the system as one through which they could recruit scholars to help them govern the masses. In fact, the system was an exercise in democracy. People could rise out of the masses and, having passed the examination, become high-ranking officials—court ministers and governors of provinces. However, even those of highest rank did not really exercise power. That was the province of their assistants, whether of low or high rank, who carried out the basic political decisions.
So to be a professional assistant was also a way for scholars to play their role in government. Control by these assistants was unofficial but effective from the Ch'in and Han Dynasties all the way to the end of the Ch'ing Dynasty. The management of political affairs and such matters as taxation, adjudication, conscription, election and political affairs was worked out in Ch'in and Han times and then became a professional system and a special field of government. The assistants knew the ropes and became powerful. The Shihyeh or confidential secretaries knew all the tricks of bureaucracy and the loopholes of the law. In their hands was the real power of government, especially in finance and the administration of justice.
The authority of the scholars also helped create the local gentry controlling basic social organizations. This was the third gateway to power for the intellectuals. For example, local officials of Chou and Hsien controlled only a few political affairs such as tax matters and judicature. The people were afraid to meet officials. What could be settled privately was settled privately. People did not wish to confront each other at a trial. But in private settlements, an arbiter was needed and members of the local gentry were available. In addition to arbitrating private disputes, the gentry might act for officials in such political roles as setting up public security corps for purposes of local defense. The gentry had the confidence of the people. Although there were many regional differences in the vast area of China, the local gentry universally became able to serve the people without reference to the government.
The early Chinese system was entirely different from that of the West, but the concept of human rights was deeply rooted in society. Unfortunately, the system existed in the hearts of the people rather than in a legal framework. Although political construction was influenced, the monarchical system was not disturbed. It was not until the corruption of the Ch'ing Dynasty that the Chinese people finally made overt expression of their belief in human rights.
Despotism of the Manchus was terminated in the National Revolution of 1911 but human rights could not be accorded all of the people immediately. Authority requires political talents. The new government of the Republic of China needed to cultivate the abilities of the people so they could participate in politics. Warlords and demagogues didn't want to wait for that. They were greedy and cruel. The decline and fall of a corrupt despotism first helped the savage and evil warlords, and they in turn were followed by the even more wicked and violent Chinese Communists. The development of human rights was frustrated once again.
In the early period of the Republic of China, the warlords did everything in their power to destroy such human rights as existed and prevent further development. The warlords had to be destroyed without mercy. When the Chinese Communists came along, the problem became more difficult because of their confounding of right and wrong. The Communists used human rights as amulets and as weapons for hitting their opponents below the belt. Human rights are regarded as a means to power by the Communists. When seeking control, they attack a government supported by the people under the pretense of safeguarding human rights. If their conspiracy to subvert and overthrow the government is exposed, they cry for mercy in the name of human rights and try to win the sympathy and protection of those who have protected and defended such rights. They have advanced their cause by fraud and deception.
In the first days of the Republic of China, Dr. Sun Yat-sen saw that human rights were facing a crisis and submitted a slogan of "revolutionary human rights." He said, "What the Kuomintang calls Min Ch'uan Chu I—democracy or civil rights—is entirely different from human rights. Civil rights are enjoyed only by citizens of the Republic. Those who have opposed the Republic are denied civil rights lest they should use them as the means of destruction," President Chiang Kai-shek took another step forward by proclaiming the Kuomintang a "revolutionary democratic political party." He said, "There is three-fold meaning in this. First, the Kuomintang wishes to safeguard democracy by means of revolutionary institutions and spirit. This is because we face an enemy who threatens our existence. Second, the five-power constitution, which is an achievement of democracy, should be implemented by revolutionary means. Third, we wish to set up a democratic political system based on the Three People's Principles and standing as a beacon light of freedom in a world where chaos and confusion frequently prevail."
Considering Dr. Sun's "revolutionary civil rights" and President Chiang's proclamation of the Kuomintang as a "revolutionary democratic political party," we can conclude that they were urging us to take note of the fact that human rights—long enjoyed by the Chinese people—were facing a major challenge. The rights established so long ago and treasured through thousands of years were facing a crisis which could lead to their extinction. Revolutionary courage was required to surmount the crisis.
The thinking of Dr. Sun Yat-sen and President Chiang Kai-shek indicate that the traditional concept of human rights is similar—with differences only of detail—to the human rights of the West. Both Chinese and Westerners believe human rights are to be enjoyed by the democratic citizens of a free and equal society.
Westerners are perplexed by the Chinese assertion that democracy must be attained through revolution. They consider that democracy is the product of harmony and cooperation among all classes and rejects revolutionary struggle. This points up a slight difference between Westerners and Chinese on democracy and also on human rights.
The Western conceptualization of human rights is based on the individual and puts stress on egoism. Westerners want to protect the liberty, the equality and the rights of individuals. Even the role of the individual has been narrowed to that of the citizen of the state or nation. Such countries as Great Britain and France initiated the human rights movement and at the same time brought their power to bear upon smaller nations through the practice of imperialism. At home, the British and French were advocating liberty and human rights. Abroad, they were wild beasts showing claw and fang against those who were not citizens of the chosen nation. Even in the United States, where the advocacy of human rights is more sincere, only the white people have historically enjoyed the liberty of democratic citizens, leaving the blacks and the Indians outside the pale. It isn't surprising that the song of human rights sung by President Carter did not sound any urgent appeal elsewhere and, in fact, was regarded as mere lip service. The human rights of Westerners are incomplete and therefore weak.
The Chinese concept of human rights, based on Confucianism, includes all of the people. Men of ambition are prepared, even as Fan Chung-yen and Ku Yen-wu, to take up the responsibility of serving country and the world rather than their own advantage. As President Chiang Kai-shek put it, "The aim or end of a man's life is not satiation with fine food and handsome clothes. Rather, it is to improve the life of the people of his country and even the world. In this way our nation will survive, develop soundly and achieve the purposes of life." He also said, "Our life is just a drop of water in the flood of the nation's life, but our life will never end so long as the flood of national life continues."
Putting our outlook another way, President Chiang said, "The aim of living is to improve the lives of all people. The significance of life is to create the future life of the universe." He explained the scope of our goodwill toward humankind and at the same time lighted the way for future generations.
In cherishing such magnanimity, we Chinese seek to develop human rights that will transcend time and space and at the same be invoked locally. It seems to us that the human rights responsibilities we have laid down for ourselves are heavier and at the same more attainable than those of the West.
The Western striving for human rights is egocentric. The vested interests will become satiated with attainment of their goals and change direction. Human rights can easily become an illusion. China's aspiration is different. If the goal of human rights for all of the people is to be served, all of the people must participate on an equal basis. The people will be here through time and space and regardless of change. The Kuomintang must therefore apply revolutionary implementation and spirit to assure that all the people are a party to human rights.
The whole objective of the Chinese Revolution is to assure people's democracy and people's human rights. President Chiang Kai-shek said, "We cannot be accused of being a country of anti-democracy and non-liberty. We are not fearful of any world trend. The history of the Republic of China and the Kuomintang provides precise and clear definitions of democracy and liberty."
The Kuomintang has resolved to take up the responsibility of saving China. From that and from the thinking of President Chiang Kai-shek, we can be sure that the guidance of the Kuomintang will assure human rights for the Chinese people. We can also be certain that the supreme aim of human rights shared by all the people of the world will never be abandoned. The struggle may be hard, long and continuous, but it will never be abandoned. Chinese human rights are for everybody—now.