The Dissertation About The Notion Of Rule Of Law On Taking The Human Beings To Be The Fundamentality

The development of Chinese rule of law has been keeping advanceand has gotten a great achievement. However, there are some problemswhich need to analysis and solve in time. If we want to trace the source ofthese problems, we can easyly make a conclusion that it is decided by thenotion of rule of law we hold. The third plenary meeting of the sixteenthCPC central committee has brought forward the scientific developingnotion of taking the human beings to be the fundamentality. It is animportant principle. Therefore, it is the time to bring forward and in-depthanalysis the notion of rule or law which take the human beings to be thefundamentality. Hence, we can put the precise and profuse meaning in it inorder to guide the practice of rule of law.Firstly, there is some research of the meaning of taking the humanbeings to be the fundamentality in different times in western country andour country in this article. It will be the meaning of philosophy, ethnics,politics and law. Secondly, I will get the meaning of taking the humanbeings to be the fundamentality through macroscopical and microcosmicway. Thirdly, I will explore the meaning of the notion of rule of law thattaking the human beings to be the fundamentality in logic and practice way.Then explore its theory foundation. Consequently, I claim that the notion ofrule of law that taking the human beings to be the fundamentality still shallbe guided by some principles. Finally, I analysis the constitution andstatutes of china, the practice of rule of law by the notion of rule of law thattaking the human beings to be the fundamentality. Then, I discover thereare some place which agree with each other, while the others are conflict.So I bring out my opinion and thinking in the end of the article.There are three parts in the paper: Introduction, Main Body, includingfive parts; and Concluding Remarks. First is the meaning of taking thehuman beings to be the fundamentality. Second is the notion of rule of lawthat taking the human beings to be the fundamentality. Third is the theoryfoundation of the notion of rule of law that taking the human beings to bethe fundamentality. Four is the guiding principle for the notion of rule of lawthat taking the human beings to be the fundamentality. Five is the notion ofrule of law that taking the human beings to be the fundamentality and thepractice of rule of law in China. Introduction: I introduce the purpose of writing this paper, main issuethat I want to discuss and the main method of research briefly.Main body: First, I analysis the meaning of taking the human beings tobe the fundamentality in western country and China in different times.Then, I bring forward the meaning of taking the human beings to be thefundamentality in macrocosmic and microcosmic way according to thetrend and the requirement of the practice. In macrocosmic way, taking thehuman beings to be the fundamentality is taking the right of human beingsto be the fundamentality. It means not only the individual rights but also thecollectivity rights. In microcosmic way, it means for all of the human beings.It has covered and contained more and more individual rights andinterests.Second, I analysis the notion of rule of law that taking the humanbeings to be the fundamentality in logic and practice way. I argue thathuman dignity is the core merit of the notion of rule of law that taking thehuman beings to be the fundamentality, the gentle consideration is the finalpurpose of the notion of rule of law that taking the human beings to be thefundamentality, the human rights protection is the means of the notion ofrule of law that taking the human beings to be the fundamentality. Thenotion of rule of that taking the human beings to be the fundamentalitymeans prizing the life and freedom of human beings, protecting theproperty of human beings, attaching importance to spirit interest of humanbeings in practice way.Third, I explore the theory foundation of the notion of rule of law thattaking the human beings to be the fundamentality. The theory of peopledominion, the theory of rule of law in modern times and the theory thathuman being is main body become the foundation which supporting of thenotion of rule of law that taking the human beings to be the fundamentality.They make it is a inevitability. It is the development of these theories.Fourth, I argue that the notion still need the guidance of someimportant principles. They are the human rights principle, the harmoniousprinciple and the scientific developing principle. They determine thebringing forward, the meaning and the practice of the notion. They willensure the notion to take the real effect affirmatively.Fifth, I use the notion to measure our country's constitution andstatutes. I realize that there is a great progress as well as some problems.Subsequently, I use the notion to measure our country's practice. I want todescribe the important changes of the practice and the notion through Sunzhigang case. We can conclude that there is a practice which according to the notion. The guiding effect of the notion has occurred. Then I bring outmy thought and conclusion.Concluding Remarks. I hope that the practice of the notion willcontribute to the development of the law and justice of our country.