“以人为本”的法体系研究

Study on the"People-oriented"System of Law

法的"以人为本"的实质必须体现在法体系的各个部门之中。根本法(宪法)应以人的普遍人权为本;私法(市民法)应以人的市民权为本;公法(公民法)应以人的公民权为本;而社会法作为新近产生的一个部门,应以人的社会权为本。

People-Oriented spirit as the essence of the law must be embodied in each division of the system of law. For this reason, constitution as the basic law must focus on universal human fights, civil law as the private law on civil rights, citizens＇ law as the public law on citizenship and social law, which is a new division, must be orientated by the social rights of human beings.