Hommization Of Public Law

Public law plays an important role in legal system. The core of public law is about theregulation of state power, and it involves the adjustment and balance of the relationshipbetween state and citizen. Whether the rights and freedom of individuals can be bestprotected is directly determined by the good or evil of public law. How to guarantee thepublic law is good? The answer is about human. Only those public law which esteem ofhuman can be respected, litigious right can be guaranteed is good law. In terms ofhumanity on public law, it must keep relationship with the nature, instincts, needs andemotions of human, and maintain a high degree of fit with humanity. Specifically speaking,it includes following requirements. Firstly, public law must respect traditional instinct ofhuman."Instinct" is a kind of born quality and a social gene accompaning the existence ofhuman being. As an inherent tendency of human, human instinct shouldn’t strangled bypublic law, otherwise it will be counter-productive. Secondly, public law must cherish thenatural feeling of human. In a sense, public law is an objective which do not change withan individual’s willing. It affects people’s life and emotions. So how to combine theorientation of emotion in public law with human nature and natural demand becomes acrucial task of public law. Thirdly, public law must pay attention to rational capacity ofhuman. Rational capacity mainly incarnates as the grant of rights and autonomy ofbehaviours. As the subject of human ration, the former one can bring benefits forthemselves, others and society through the exercise of rights. Human considered asautonomous individuals by the latter one, they can decide their own affairs independently.Fourthly, public law must address the diversity of human nature. As the public rule ofwhole society, public law must set rules which obeyed by the whole society based ongeneral character of human, and leave space for the development of individuality. A goodlife is not an uniform society, but a colourful one, namely a society allowing individuality.