The Study Of The Notion Of Rule Of Law On Taking The Human Beings To Be The Fundamentality

The development of chinese rule of law has been keeping advancing and has made great achievements. However, there are some problems which need to be analyzed and solved in time. If we want to trace the source of these problems, we can easily make a conclusion that it is decided by the notion of rule of law we hold. The Third Plenary Meeting of the Sixteenth CPC Central Committee has brought forward the scientific developing notion of taking the human beings to be the fundamentality. It is an important principle. Many scholars have preliminarily discussed the way in which we can take the notion of taking the human beings to be the fundamentality as the guidance for practice of Chinese rule of law. However, most of such discussions only focus on a certain aspect, thus lacking systematic and deep arguments. Therefore, it is of great practical significance and high theoretical value for guiding the practice of rule of law to definitely put forward and deeply analyze the notion of taking the human beings to be the fundamentality and to endow it with profound connotations.This paper is divided into the following four parts:Part I: connotations of the notion of taking the human beings to be the fundamentality. This part demonstrates and analyzes the cultural origin, theoretical reference and theoretical foundation of the notion of taking the human beings to be the fundamentality. Through comparisons between the modern notion of taking the human beings to be the fundamentality and the western humanism, and between the same notion and the traditional Chinese humanistic thoughts, it sums up the connotations of the modern notion of taking the human beings to be the fundamentality, laying a foundation for us to get a deeper understanding of the notion of taking the human beings to be the fundamentality as a notion of rule of law.Part II: an overview of taking the human beings to be the fundamentality as a notion of rule of law. This part first analyzes and defines the connotations of the notion of taking the human beings to be the fundamentality as a notion of rule of law. On the basis of making clear its connotations, it emphasizes that"human rights first","ruling the country by good law"and"authority of law"are all its guiding principles. It also demonstrates that the theoretical foundation of this notion includes the theory of popular sovereignty, Marx's theory on human and law, and the modern theory of rule of law.Part III: taking the human beings to be the fundamentality: demands of the era for development of Chinese rule of law. This part first demonstrates that taking the human beings to be the fundamentality is the fundamental value orientation of socialist laws through analyzing the relationships between human and law. It then makes an analysis on the principal contradictions during social transformation of China, and points out the important value of the notion of taking the human beings to be the fundamentality in the period of social transformation. It further probes into the relationships between the notion of taking the human beings to be the fundamentality and the strategy of ruling the country according to law, and sets forth the position and role of this notion of taking the human beings to be the fundamentality in the strategy of ruling the country according to law.Part IV: realization and transformation of the notion of taking the human beings to be the fundamentality in the practice of Chinese rule of law. This part, from a micro perspective, analyzes where the modern practice of Chinese rule of law runs counter to the notion of taking the human beings to be the fundamentality, and demonstrates how to solve such problems under the guidance of the notion of taking the human beings to be the fundamentality and how to implement the same during the practice of rule of law.