Humanity Base Of The Rule Of Law

In the legal philosophy field, the doctoral thesis based on humanity analyses the relationship between the liberty and the order in the rule of law from the cultural view.Firstly, The thesis expounds law, staute, community regulation , the rule of law and the rule of man, and demonstrates that law is a clarified or un-clarified social rule which is formed in a long period of adaptation to the environment. The social rules, that is, custom, practice, morality, religion and statute are all the manifestations of law.The legal value in the society which the legal philosophy pursues is a kind ofself-repudiating consideration of the manifestations of law——Communityregulation.The thesis summarizes the history and the connotation of the rule of law, and then proposes definitely that the rule of law is a kind of life style in which mankind follow the community regulation, moreover, it differentiates between the rule of law and the rule of man from the just angle of "law superior to power" or "power superior to law". Secondly, the thesis analyses the humanity base of the rule of law in view of ethics, theory of knowledge and theory of living and focuses the humanity base of the rule of law on individuality and sociality of man in a sense of theory of living.From individuality of man, man is the liberty being, and the core value of the rule of law is liberty; from community of man, the order is the nature of man, and the basic value of the rule of law is order.Finally, exploring the intrinsic tension of the liberty and the order in the rule of law and the difference of Chinese and Western legal culture, the thesis demonstrates that Chinese and western legal culture divergence leads to thedifferent tradition of the rule of man and the rule of law, and then draw a conclusion that the essence of establishing the socialist state of the rule of law in China is to generate the legal culture which supports the rule of law in the culture conflict and to search for the dynamic balance between the liberty and the order.