On The Humanistic Basis Of Rule Of Law

The spirit of humanism is to think about the human existence, to show solicitude for human value, and to understand and explore the fate of human beings. In brief, it means the ultimate concern about human beings.The history of the humanism tradition in the west is very long. It spouted from ancient Greece, emerged during the renaissance, and matured in the Enlightenment during the 17th and 18th century. It had formed an integrated spiritual system. During the process of the formation of the western humanism, civilization of rule of law was born. The western humanism established the rational basis, created the belief in paramount law and formed the values of rule of law such as freedom, equality and human rights.The humanism tradition was also abundant in China, but compared with the spirit of the western humanism, it lacked the rational factors and concern about human rights. So, the western humanism resulted in the origin of rule of law, however, in China, the humanism tradition became the rich land of the spirit of rule by an elite.In China, the construction of rule of law is confronted with the fundamental difficulties and is short of sufficient spiritual support. So, it is necessary to introduce the human based theory spirit so as to cultivate the thought foundation of the construction of rule of law.Aiming at establishing the human based theory, some aspects must be pay adequate attention: It is the philosophical basis to correctly confirm the status of man it the system of Marxism, the argumentative premise to define the human regulation in the law relationship, the political condition to carry out the legalization of the democracy and the concrete embodiment to respect and protect human rights. The human based theory will provide spiritual dynamism and intelligent resource for the construction of rule of law in China.