Abstract: “fundamental rights”, known as one of the most essential constitutional law concepts, reflects the historical development and cultural tradition of national constitutions. From the constitutional reforms in late Qing dynasty, the concept, theories and principles of fundamental right were transplanted in different forms into the Chinese society, and this has constituted the academic resources on which a Chinese concept of fundamental right took its shape. The vicissitude of fundamental right concept, as a microcosm of constitutional law history, represents the dense characteristics of local constitutional law culture. Based on an analysis of historical documents, the author reviewed the process in which the fundamental right concept emerged and developed in Chinese constitutional law, and provided the materials and experiences from the view of constitutional theoretical history for the deliberations on localization of constitutional law in China.
作者简介：韩大元，中国人民大学法学院教授、法学博士。