The Emergence of Human Dignity in China: From a Private Right to a Constitutional Principle

Abstract

Just like in Europe, human dignity is a controversial concept in China but mainly for semantic reasons due to different translations of the notion. As a result of a combination of lessons drawn from the Cultural Revolution and references to traditional Chinese culture, the ‘personal dignity or dignity of personality’ (renge zunyan) written in positive laws cannot be understood as a constitutional principle serving as the basis of the political regime and the ultimate value of the legal order. It should rather be seen as an individual civil right endowed with a relative dimension of dignity in order to ensure social cohesion.