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“基本权利”是英语fundamental rights的中文表述,其实是一种外来语。既是外来语,不免有不易为中文语境所认识的理解盲点存在。本文尝试从中文本土的语法,言说或表述基本权利的类型与保护的确切含义。从孙中山领导辛亥革命成功,建立民国起算,到今天已经超过100年了,中华民族始终还在尝试或学习,也似乎还未完全习惯从事宪法对话。要从事宪法对话,一定要使用能为华文社会所理解、接受并且信服的语言,才会发生效果,本文以此为题,用意在此。
“Fundamental Rights ” is the Chinese expression of fundamental rights in English, which is actually a foreign language. It is not only a foreign language but also a blind spot of understanding that can not easily be understood by the Chinese context. This article attempts to use the grammar of the Chinese native language to describe or express the exact meanings of the types and protection of fundamental rights. It has been more than 100 years since Sun Yat-sen led the Revolution of 1911 and set up the Republic of China. The Chinese nation is still trying or studying and it seems that it has not yet got used to engaging in constitutional dialogue. To engage in a constitutional dialogue, we must use the language that can be understood, accepted and persuaded by Chinese-speaking society to have an effect. This article takes this as a theme, and is intended here.