法与人:从对立到和谐

Law and People: from Conflict to Harmony

人是法的逻辑起点,法是基于人的需要而产生的规则体系,因而法与人应该是相协调的,法应该以人为本;然而,在阶级社会,法异化了,或以神为本,或以物为本,法与人相对立。法的异化扭曲了法的本质,背离了法的本意,制约着人的发展。法回归于人,法与人和谐统一,既是法发展的必然趋势,也是人发展的客观要求。马克思主义法学世界观为法回归于人奠定了理论根基,社会主义制度为法回归于人提供了先决条件。目前,我国在法的人本化方面取得了很大进展,但要实现法与人的和谐统一,还必须做出多方面努力。

People is the starting mark of law in logic, law is rule system deriving from people＇ s demands, so law should be harmonious with people, people oriented. In class society, however, law is alienated, god or resource oriented. Correspondingly, law is in conflict with people. Alienation of law distorts the essence of law and deviates from the original meaning. It is inexorable trend of the development of law and an objective demand of the development of people that law returns to and is in harmony with people. The world outlook of Marxist jurisprudence lays the theoretical foundation; the socialism system offers preconditions for law returning to people. At present, despite the great progress in making law people oriented in our country, we still have much to do so as to achieve harmony between law and people.