Humanity And The Humanity Basis Of Rule Of Law

The sociology problems are based on respective humanity theory. Laws should confirm correct human theory as fundament and guideline for either articles of laws or legal principles. At the beginning, this article analyses the scope of subject of humanity, that is, person. Then ,it points out that social subjects appears the diversified tendency as the development of society, so not only natural persons but also all participant subjects are the persons of human nature. Comparing with four familiar concepts of humanity, this paper fingers out the corresponding content in jurisprudence. Scholars classed humanity by timeliness of humanity. Differently, this paper takes the scope of subject motility of humanity (including timeliness) and reality of humanity as standards. As far as laws are concerned, actual humanity to be classed by the reality of humanity and humanity hypothesis are important. After including the continuity and comparability of actual humanity, it is dispersed by two methods. Dispersing humanity consists of humanity hypothesis, and the theory based on it can prove itself. In general, humanity hypothesis has three models and this article chooses horizontal theory as the tool for research after comparison.The second part of this paper takes the horizontal theory as the tool to introduce and comment several kinds of representative humanity theory. They include the theory of original goodness of human nature represented by Confucius and Mencius, the theory of original evil of human nature declared by Xunkuang and Hanfei, the theory of non-original human nature claimed by Gaobuhai Wangling and Sushi, the theory of original goodness and evil of human nature represented by ShishuoYanxiong and Simaguang,the theory of three kinds of original human nature, the theory of original dualism human nature claimed by Zhangzai ercheng and Zhuxi, and egoism altruism and the theory of egosim and altrusim prevailing in the west. Those theories compared, main theories of human nature of China and the west are based on different humanity hypothesis. Therefore, this directly caused the different social status of law between China and the west.Connecting with the aim in establishing government by law in China, the third part of this paper analyses the connotation of constitutionary, compares and chooses the concepts of constitutionality, criticizes gaining the difference between the subject and the object of constitutionality from the literal words and sparkplugs rule of law not being departed by the subject and the object. Furthermore, the author concludes that it needs to establish the humanity hypothesis of "I and others are evil" firstly to realize legal state and build government by law, which is the fundament and guideline to carry out the work of legislation judicature and administrative enforcement of law. The theory that case law is the effective complement provides the source of legal principle of human nature.