法的人性基础分析-思想政治教育专业论文.docx

Abstract The problem of human nature question is a long-standing problems of mankind. What is the human nature? Good or evil? What relations does human nature and law? How to think about the human nature during the process of building modernly and governed by law? To the human nature, China and foreign countries provide many kinds of different answers virtuously and wisely for thousands of years, different answers, cause different cultural traditions, develop into different social systems. This thesis attempts to do a simple exposition and discussion in theory to above-mentioned problems，and to find the basis human nature of the law. This article firstly analysis the human nature connotation, The connotation of human nature including two parts: the natural and social nature. On the essence of human nature, my view is the human nature unification between goodness and evil, Then analysis the relationship between human nature and legal, have the conclusion: Evil of human nature to draw to make the laws have become necessary, and the goodness of human nature make the existence of the law possible. Human survival and development needs is the driving force behind the development of law, The difference understanding of human nature caused the different legal development type, In the West, based on human nature is evil, they stepped on the way of rule by law in Evil to the evil system, But China based on human nature is good preinstall, tends to take the ethical culture as the leading virtuous rule. Humans natural and social natural has the intrinsic connection whit the value of law. This article in the analysis human nature and in the law foundation of value, has discussed persons individual and the freedom specifically, humans sociality and the order, as well as between human nature balanced and the justice relations, obtain method the value is also the establishment above the human nature foundation. Key Words: Hatural nature; Social nature; The basis of human nature 目