Legal Analysis Of The Dignity Of The Theory Of Localization

The Article38of the Constitution of China clearly stipulates:"The personal dignity ofcitizens of the People’s Republic of China is inviolable..."Although China’s Constitutionclearly stipulates the protection of human dignity, but under the influences of cultural andtraditional legal understanding， the understanding of people’s dignity is vague andfragmentation. In recent years, the dignity of the theory becomes the subject of judicialpractice and legal research. Dignity theoretical ability to receive attention, relates towhether the procedural justice in the judicial practice and protect citizens’ rights andinterests and whether solve the unreasonable phenomenon occurred during judicial practicereasonably. Therefore, the author try to research the dignity theory and combination of thistheory and the judicial practice, to work out of a new path suited to China’s legalconstruction. This article is divided into four parts, except for the introduction andepilogue.The first part is an overview of the origins of the dignity theory. In this section, theauthor introduces the dignity of historical development in Western ideology and cultureand dignity of the theory of the basic connotation, of his conclusion on the dignity of thetheory in Western philosophy and Confucianism in China, and analysis and elaboration ofthe basic meaning of dignity theory.The second part is mainly to learn from the concrete practice of the dignity of thetheory at home and abroad to make comparisons. In this section, the author makes thecomparison and connection of our Constitution to the German Constitution, and providesour country some enlightenment.The third part of China’s legal system construction and theoretical reflection, pointedout that China’s need to learn from the dignity of the theory. In this section, to make citedin recent years, the classic case analysis, Law enforcement abuse of the judicial practice inChina should learn from the dignity of the need for theory that China’s administrativepublic authority and criminal justice practice.The fourth component is to learn from the dignity of the theoretical path of China’slegal construction practice some basic idea. In this section, the author offers somesuggestions from the ideas and the legal system, Countermeasures aimed at thephenomenon of abuse and torture of the administrative public authority in order to carryout supervision and restriction.