需要层次理论对现代法律人性假设的启示

The Enlightenment of the Hierarchy of Needs Theory on the Hypothesis of Modern Legal Humanity

借助需要层次理论剖析人性可知:人性中的"善"与"恶"有差别地分布在每种基本需要中。一定时间内,人性总体倾向于仅呈现出"善"或"恶"的一面。"善"是人性的最终趋势。这客观上要求立法者创制的法律不仅要能"弃恶",更要能"扬善"。微观层面,立法者可以"倾斜保护"为手段,以"实质正义"为目的,针对性设置行为模式和法律结果。宏观层面,立法者应积极回应法律关系中可能彰显之人性"善"。立法者应从社会整体高度,合理判断当前社会关系之"优势需要",并注重以奖励性规范为基础设置法律结果。此外,需要层次理论视野下的法律人性假设对社会法和经济法提供了有力的理论支撑。

With the help of the hierarchy of needs theory, it can be seen that the ＂good＂ and the ＂evil＂ in human nature are distributed in every basic need. In a certain period of time, human nature tends to show only the ＂good＂ or the ＂evil＂ side. The ＂good＂ is the ultimate trend of human nature. Therefore, it is objectively required that the law created by the legislators should not only be able to ＂abandon the evil＂ , but also to ＂promote the good＂ . At the micro level, the legislators can establish targeted behavior patterns and legal results with the ＂tilted protection＂ as a means and the ＂substantial justice＂ as the purpose. While at the macro level, the legislators should actively respond to the ＂good＂ of human nature, which may be manifested in legal relations. The legislator should judge the ＂superior need＂ in the current social relation reasonably from the level of the whole society, and pay attention to set the legal results on the basis of the incentive norms. In addition, the hypothesis of legal human nature from the perspective of the hierarchy of needs theory can provide strong theoretical support for the law of society and the economic law.