Research Of Humanization In Public Law

Humanism is a philosophical school with a long history, its root can be traced toancient Greece. Modern Humanism originated in the Renaissance which gradually maturedafter experiencing the Enlightenment. Its claims can be summarized as: people can rely ontheir own ability to complete the understanding of the physical world, and realize their ownvalue through a variety of means. In short, humanity is the way of self-realization.Public law adjusts human relations and deals with public affairs, which is linkedclosely with humanity. Particularity of public law determines that humanization in publiclaw is necessary, and public law showed the humanization trend in its historical developingprocess,which further illustrates the possibility of humanization in public law.Humanization in public law specifically includes three aspects: at first, it advocatestreating people as equal legal subjects. Secondly, it fells that modern government by law isnot a simple choice between form and substance either-or, but should absorb both therational factors. Again, it considers that individualization is one of the goals whichcontemporary law achieves，which enables the organic unity between universality of lawand particularity of individual thus ensure the pushing affects of public law forself-realization.The value of humanization in public law is very obvious. Firstly, by introducingrational elements, humanization makes public order gradually out of the reliance onviolence, and the social contract further clarifies the rational basis of the joint betweenpeople. Secondly, it promotes the transition in law justice from form to substance, whichprovides a theoretical basis in the field of public law for helping the weak. Once again,humanization emphasizes the importance of individual person, particularly emphasizes thatpublic law can play the important protection role in individual freedom.In the practice of law, humanization in public law also has important function.Humanity as one of the fundamental values of criminal law, with impartiality, effectivenessetc，which bring the best in each other. Meanwhile, humanity also requires criminal law clearing its position of public law, play a role in the protection of personal freedom fromundue abuse of state power. By limiting the subject of crime, humanity promoted theprocess of "decriminalization". Humanization in criminal law ultimately reflected inchanges among the penalty，abolition of cruel torture and limitation of death penalty aretwo aspects most representative.In the social sphere, the practice of humanization in public law is manifested as theprotection for the weak. Since the twentieth century, public law is gradually beingtranslated into the law promoting individual self-realization，from the public powerregulation law protecting the negative freedom of individuals. In this being which play akey role are the recognition of the concept for the weak and the protection effect of theweak precisely. By restrain the powerful and help the weak”, public law is being expectedto helping everyone in the society to achieve self-realization.Of course, humanity is also facing external competition. Science as a major drivingforce of social development, but also to expand its influence in various areas, the law is ina crossroads which humanity and science fight for. Public law absorbs rational factors inscience to promote its progress; meanwhile, it should continue regulating the developmentof science in humane standards, so that the science will not deviate from the substancewhich is confering benefits on society. Meanwhile, there is also some tension betweenfreedom and rationality as the internal elements of humanity, which manifests as the roledefinition of legal interferencein self-realization making people rolling in the deep. Theutilization of legal paternalism is in favour of helping individuals to achieve rational choice,but the interference once over the border will cause on the violations to personal freedom.Therefor, we need to achieve a certain balance between reason and freedom by means ofimposing strict limits on paternalism, in order to promote true personal self-realization.