Study On Human-Oriented Law

Western civilization is a spirit or a system regardless, is all value which accompanies with a person to discover continuously to evolve gradually and forward of, was exactly also a value in person to discover to become a western rule of law in the process.Is the mankind's 1 kind to manage a way with certain value of load, the essence of the value of the rule of law lies in to the person's meaning.(or to the person's value)Construction or purchase and formation of western rule of law society, have it the principle of a series of rule of law and the form main factor of the system, however more decisive is the widespread faith which depends on people to the method.But the Chinese people have no lack of etc. the value pursues ideally to the affairs true facts and the equity, freedom, right, but why have a rule of law but have no trust?The back reason doesn't lies in people to have no"the law believe in", but lie in the law system that we didn't look back us.The contemporary and Chinese rule of law construction practices medium, because of lawmaking of beginning of the instruction thought is a collectivism, rule of law tool doctrine, therefore, the rule of law construction point doesn't lie in the right which guarantees citizen, but the political power which lies in guaranteeing a nation, afterwards put forward of take economic construction as center, thus rule of law again is contribute efforts to the economy, plus the history culture of the right and long-term formation that the elite lawmaking neglects people mental state, cause in the rule of law the fulfillment, appeared citizen basic right system the imperfection of the contents and exercise to the citizen right of limit too, excessive give civil duty but neglect a national responsibility, legal system fulfillment to human nature of the problem for neglecting, this resulted in rule of law person originally spirit at China of enchant.Carrying out the person's overall development is Marxist core value and the essence request of socialism, the mark thinks a person originally a law view to think:On the other hand, the law is the person's behavior essential regulation;It two, the law is to behave but existent, not contrary;It three, the real law lies in the right and the freedom which guarantees a person.Therefore, respect individual, concern human nature, guarantee freedom, maintenance the right become the inside request which sets up Chinese this a rule of law then.Person originally the course of development hair of rule of law carry in the constitutional government of west, the humanism is inside western constitutional government culture to check, but with the emergence of the literature renew and the welfare state, then represented a rule of law a person to turn originally of leap twice and greatly.Regardless is medium west, the current rule of law inclines to all show a person obviously originally of characteristic.It is current method in China to learn the realm"right basis" to put forward with"person originally law" view particularly, made people the center to provide a theories premise for the rule of law.In China at present promote a person a rule of law originally, is Chinese rule of law mission from"found a state" toward"sign a person" to change direction of objective demand is a Marxist person to learn in the Chinese rule of law realm to launch by all means, BE"cure country by law" the basic national policies is mutually consistent, also being advantageous to the rule of law resources which integrates race region.Promoting socialism a person originally a rule of law is originallythe direction of target of strength source and rule of law practiced that the back which wants to be from the method looked for spirit of propping up the method to pay pillar and implemented, is topic and system construction that have to value after developing material civilization, is the problem which requests a rule of law to re- value "person", with the system guarantee have already had of result, use system to the norm people's behavior, use system to guide social morals and spirit construction, use system to complete mission of using the system not yet finished.The textual and basic way of thinking is such: be in the light of inside heart point of departure in"reach the people's worth consensus and law approbation", first from the angle of history to argument rule of law development of person originally spirit and person originally the concrete contents of the rule of law;Secondly, the point study initiates a rule of law in China, the person turns originally of society, history, culture and system background, and value and practice meaning;End, go to from the principle, lawmaking, enforce the law with four judicial angles to launch how the treatise chase the person this a doctrine rule of law to carry out Chinese rule of law construction to practice.The textual core spirit lies in rule of law's guarantee to the person's basic right, to the concern of human nature, and to the respect of personality, carry out a method to come from a person but return to return in the person's purpose.