EN
The aim of this article is to examine the influence of the Confucian ethics on the perception of human rights in China in context of the development of capitalism in this part of Asia.In the first part of this article the author argues with Max Weber's thesis which states that in China: "from a purely economic point of view, a genuine bourgeois, industrial capitalism might have developed". He examines from sinological perspective his arguments concerning the underdevelopment of capitalism: lack of rational legal system, the influence of Confucianism and lack of middle class. In the second part have been shown the connections between capitalism, market freedoms and human rights. The author claims that capitalism is necessary condition for the development of human rights, but it is not the only one, because the cultural factors play a greater role. In the third part of this article summarizes the two previous parts and argues that late development of capitalism in China is one of main factors that influenced the modern shape of human rights in China. The necessity of developing a free market system have been also underlined in relation to the rule of law and civil society as a base for the concept of human rights with Chinese characteristics, that would be acceptable for Western countries.