18 政法论坛（中国政法大学学报） 2004年 [17][德]马克思，恩格斯，马克思恩格斯选集（第3卷）[20]【意]但丁.论世界帝国M.朱虹，译.北京：商务印 [C].北京：人民出版社，1960. 书馆，1985. [18][德]马克思，恩格斯，马克思恩格斯选集（第4卷） [21][英]弥尔顿.为英国人民声辩[M.何宁，译，北京： [C].北京：人民出版社，1960. 商务印书馆.1982. [19]叶立煊，李似珍.人权论[M).福州：福建人民出版 [22][法]霍尔巴赫.自然的体系（上卷）[M.管士滨， 社，1991. 译.北京：商务印书馆，1964. On the Origin of Human Rights LI Bu-yun (Hunan University,Changsha,Hunan Province 410079) Abstract:The theory of natural rights has always possessed the leading position in the western doctrine of the origin of human rights.The reasonableness of it is that it affirms the natural character of human being.The unscien tific aspect of it is that it ignores or denies the social character of human being.The doctrine of legal rights and the doctrine of social rights both have their own reasonableness to some extent which is radically incorrect.As to the reasonableness or unreasonableness,Concrete analysis should be conducted on the Chinese scholars'theories such as“doctrine of human rights obtained through struggle”,“human rights endowed by state”,“human rights endowed by business",and "human rights got by existence".Human rights originated from human nature which includes natural character and social character.The natural character is human nature that is composed of three factors:na- ture,virtue and logos.This is the significance that human rights exist and the intrinsic factor for human rights to come into being.The social character of human rights are significant in two aspects:one is human rights exist in the relationship of people,the other is that the level of civilization of a social system,especially the economic system af- fects and restricts the development of human rights,which is the exogenous factor of the development of human rights. Key Words Natural Right;Natural Character;Social Character (责任编辑孙国栋) 1994-2010 China Academic Journal Electronic Publishing House.All rights reserved.http://www.cnki.net[17 ] [德]马克思 ,恩格斯 1 马克思恩格斯选集 (第 3 卷) [C]1北京 :人民出版社 ,19601 [18 ] [德]马克思 ,恩格斯 1 马克思恩格斯选集 (第 4 卷) [C]1 北京 :人民出版社 ,19601 [19 ] 叶立煊 ,李似珍 1 人权论[M]1 福州 :福建人民出版 社 ,19911 [20 ] [意]但丁 1 论世界帝国[M]1 朱虹 ,译 1 北京 :商务印 书馆 ,19851 [21 ] [英]弥尔顿 1 为英国人民声辩[M]1 何宁 ,译 1 北京 : 商务印书馆 ,19821 [22 ] [法 ]霍尔巴赫 1 自然的体系 (上卷) [M]1 管士滨 , 译 1北京 :商务印书馆 ,19641 On the Origin of Human Rights LI Bu - yun (Hunan University , Changsha , Hunan Province 410079) Abstract : The theory of natural rights has always possessed the leading position in the western doctrine of the origin of human rights. The reasonableness of it is that it affirms the natural character of human being. The unscien2 tific aspect of it is that it ignores or denies the social character of human being. The doctrine of legal rights and the doctrine of social rights both have their own reasonableness to some extent which is radically incorrect. As to the reasonableness or unreasonableness , Concrete analysis should be conducted on the Chinese scholars’theories such as“doctrine of human rights obtained through struggle”,“human rights endowed by state”,“human rights endowed by business”, and“human rights got by existence”. Human rights originated from human nature which includes natural character and social character. The natural character is human nature that is composed of three factors: na2 ture , virtue and logos. This is the significance that human rights exist and the intrinsic factor for human rights to come into being. The social character of human rights are significant in two aspects: one is human rights exist in the relationship of people , the other is that the level of civilization of a social system , especially the economic system af2 fects and restricts the development of human rights , which is the exogenous factor of the development of human rights. Key Words :Natural Right ; Natural Character ; Social Character (责任编辑 孙国栋) 18 政法论坛(中国政法大学学报) 2004 年