Legal Means To Achieve People-oriented

People-oriented law insists that law should respect the nature of human, protect and realize every one's personality, dignity and value equally. It plays an important role in the progress of the modernization of the rule of law, and it is indispensable in building a harmonious society.For pursuing people-oriented law, we establish the legal view of oblige-home-position on the principle, promote case instruction system on the method, improve the judge's judicial capability on the master, and push transformation of the culture of law. For all that, we still keep facing the following obstruction in the way of law pursuing people-oriented law, anomaly of the principle of right, impact of tool doctrine, and limit of law and its development.Law requires the judicial practice to embody people-oriented, and the judicial practice embody the value that the law contains through the activity of interpretation of law, also through it, law embody the more concrete selection of a series of value while facing cases in reality, among of which people-oriented is the decisive worth that can not be neglected. Therefore, I think, among the strategies of realizing people-oriented law, the most realistic and viable is relying on the interpretation of law in the judicial process.Law shows the value of people-oriented through interpretation, through the mutual fusion of law and fact the judge can be more fully grasp the attitude of the law in the face of specific cases, by this way, the judge will choose the right interpretation of the law and its value, which will match the spirit of law and the nature of human, then, our law will be more powerful to realize the freedom and development of human peopleThe judge uses the principles of interpretation of law to support people-oriented in the explaining process. He should pursue justice and people-oriented through the interpretation of law and carry out the value established by legalization in every individual case, so as to make up the scarcity of law and avoid the iniquity caused by just following the ruling of law.The creation of interpretation obtains people-oriented law in the individual case. The creative interpretation of the law in the individual case by judge can make law receive development gradually, and avoid bad influence to the stability of society which is caused by the rapid change of law and system of law, so as to realize the reformation and improvement of law imperceptibly, all this can support the dignity and stability of law and assure people-oriented and contribute to setting up the trust and faith of the people to the law.The interpretation out of rule makes law regress people-oriented. In order to pursue people-oriented interpretation, the judge combines other rules outside of law, makes reference to the rules and emotion which support our society in various aspects, especially some important factors for a person. This is not the violation to the law, exactly is the maintenance to the law, is the conformance of the progress of the law.The judge combines law effect and social effect in the process of interpretation to assure people-oriented. The judge needs to combine law effect and social effect, considers the requirement of rule of law and the requirement of people in our community, makes the people-oriented interpretation of law, and emphasizes the important action of law in adjusting the social relation which is changing rapidly and the interest of people which is concerned mostly.