以人为本:中西方法文化融通的基础和归宿

不同的生活方式孕育了不同的法律文化,不同的法律文化包含着不同的“法体”和“法统”.在形、质各异的法律文化中,其核心价值却既纵贯古今,又中外通行,这就是已然成为人类共识的人本精神.中西方法文化中人本精神的特质虽有差异,却也不乏二者融通的基础.认真对待西方法文化中的人权和中国传统法文化中的民本,是构建和涵养当代中国以人为本法文化的必然选择.

People Foremost:the Foundation and the Destination of the Coordination between Chinese and Western Legal Culture

Different lifestyles generate different legal cultures,and every legal culture contains its legal system and legal tradition.Legal cultures have all kinds of forms and spirits.However,the core value has not changed from the past to today and has the same essence from western culture to Chinese culture.This has already become the humanistic spirit of common view.Although there are discrepancies between the specialities of these two kinds of humanistic spirits from western and Chinese legal culture,there is the foundation of their coordination.The theory of human rights in western legal culture and the people-based thought in Chinese traditional legal culture should be treated sincerely,since they are the indispensable choice for modern Chinses to built and develop the people-oriented legal culture.