Interpretation Of The Modern Sense Of The Humane Spirit Of The Law

Humanities spirit is, after all, one spirit and principle basing on the human-oriented outlook, its implication is a human-centered consciousness which respects people's value and dignity, safeguards human rights, realizes human's purposes and ideals. The humanities spirit of law is the publicity and appearance of humanities spirit in the legal field, and a kind of spiritual temperament contained in law which regarding human-being as the ultimate care target. Its basic directional meaning lies in regarding human-being as the center, and offer serious and earnest humanities care. Abundant resources of humanities spirit contained in the traditional legal culture of China and the West, but basic defect of humanities spirit of traditional law is that it failed to protect human rights and realize rule of law effectively, which .is exactly what the progress meaning of the humanities spirit of modern law. Human rights is the institutionalized expression of the humanities spirit of modern law. Human rights is a humanity-concept, it relates inherently with the humanities spirit of modern law. Modern laws embody its humanities care spirit in the fields of legislation, enforcing law and judicature, and offer the especial protection to the human rights of disadvantaged groups. Rule of law is the practical way of humanities spirit of modern law and abundant implications of humanities spirit are contained in the rule of law itself, such ideas as the individual excellent location, right monetary, freedom supremacy, and so on. The humanities spirit of the modern law has extremely important meaning to the construction of rule of law, It benefits to abolish the legal instrumentalism, to mould legal faith and to realize the goal of legal modernization.