On The Humanistic Spirit In The Law

The humanistic spirit should be an indispensable element of the legal system that China is trying to construct, both from the perspective of reality and from the perspective of state legislation, especially from the inherent logic of jurisprudence.Part one of the thesis defines what the humanistic spirit is, which is the concern about the value and the meaning of human being, i.e. the eternal care of humanity. The humanistic spirit in law is a concrete embodiment and expression of the spirit of humanism in general and a spiritual ethos of law which takes humanity as the core of eternal care.Part two of the thesis deals with the strength and weakness of the traditional interpretation the humanistic spirit in Chinese and western law. We should not ignore the weakness of the humanistic spirit in traditional law while emphasizing the strength thereof. Regardless of the humanism in traditional Chinese law, there lack rational factors and concerns about individual rights; in spite of the humanistic spirit in traditional western law, there lacks care about the well-being of people as a collectivity with the humanistic spirit focused on religious beliefs.Part three of thesis put emphasis on analyzing the current situation of the humanistic spirit in the contemporary Chinese law and give some suggestions for improvement. The pursuit in a overacted manner of the quantity of legislation, the negative effects of market economy, the bribery and corruption of the administrative authorities, the disregard of procedural justice and the lack of trust consciousness are all evidence of the insufficiency of the humanistic spirit in the current Chinese law, which is due to the pursuit of legal instrumentalism, the lack of awareness of rights protection, the traditional feudal humanism, and the incomplete transition of society. Only by transcending the idea of legal instrumentalism can we achieve the goal of humanistic care in real sense and make law a part of ultimate goal and human life. Only by restricting the public power through law can we make it possible caring about the private rights which are concerned about both the physical and spiritual existence of citizens, accomplish the goal of democracy, fairness and rule of law and make the spirit of science and of humanity in law develop in a coordinated manner.