Research On The Idea Of Humanist Law

Scientific viewpoint of development has provided powerful theoretical guidance for Chinese Socio-economic and political'construction, and also, for China'rule of law and legal research. The idea of humanist law is a scientific law concern guided by Marxism, at the same time, it is the Exemplification and application in the area of legal research.This article is adhered to Marxism and the guided by the viewpoint concept of development, it holds the man as the center and perspective. This article analyzes the inherent relationship and logical relationship between law and human form the perspective of human nauture. On the base of In-depth analysis on the relationship between law and human, this article try to illustrate what the human will be and what the host of law will be. Finally, this article will try to give some suggesstions for China'practice of rule by law and dicuss how to realize the the idea of humanist law.This subject is divided into four sections:The first section, explain the reason why we propose the idea of humanist law and what is the idea of humanist law. The tortuous process of the idea of humanist law has been described and the scientific definition of the idea of humanist law is given in this section. This section is the theoretical basis of all of this article, including Theory and concept.The second section, analyze what should the human been as the host of law. The conclution of the analysis is that the man under the idea of humanist law is freedom and equality,and also is the host of the rights, which set a bridge between the law and human and lay basis for the dicussion of the value of law.The third section has demonstrated the value of the idea of humanist law is freedom and equality and the man is the host of rights on the basis of the dicussion of the second section. Law should protect the equality, safeguard human'freedom and overall development, protect and safeguard human rights. The forth section has given some suggestions for the realization of practice of law, including:Seting the the idea of humanist law, implementing scientific and democratic legislation, impartial administration of justice and strict enforcement of law. In short ,this section try to give some valuable countermeasures for the realization of the idea of humanist law.