---From the angle of the people-oriented scientific outlook on development

Yang Songcai & Chen Youwu
China

Since the Third Plenary Session of Sixteenth Central Committee of the CPC, "the human-oriented"has become the basic guiding principle for the all-round reform and harmonious development of the Chinese Society, and the core to build the harmonious socialist society. As a concept of governing, "the human-oriented"has been generally acknowledged by the whole society. With the in-depth practice of the rule by law, the human rights protection is also experiencing the profound transformation from politics to the rule by law.

1. The Theoretical foundation of development of the human-oriented from politics to the rule by law

As the political concept of the Communist Party of China, "the human-oriented"is mainly embodied in the policy of the Party. The policy of the Party is formulated by the leading organ of the Party by the procedure provided in the Party Constitution, and it is the expression of the will of the Party, but not the State. The above-mentioned characteristics of the policy of the Party determined that it could only be implemented by the whole society by virtue of the rule by law.

First, "the human-oriented"is the basic premise of the rule by law. The advancing of the concept of "the human-oriented"reflected the brand-new understanding of our Party for the economic and social development, which is the rectification for the former utilitarianism policy. There are many conflicts with the concept of "the human-oriented"in the rule by law in force, for example, the overemphasis on efficiency, the ignorance of the environment protection, the deficiency in social security system, the extreme disparity in income distribution and etc. And we must improve and perfect the defects in the rule by law in force under the instruction of "the human-oriented". The development of "the human-oriented"from politics to the rule by law does not mean to provide "the human-oriented"in the constitution or other basic law of the state as a legal principle, to realize lifting "the human-oriented"to the level of the State laws. In fact, the formulation and revision process of any law can be regarded as the process of lifting "the human-oriented"to the level of the State laws. For the legislative body of our country to formulate and revise laws according to the legal procedures, as long as truly under the guiding principle of "the human-oriented", in the light of the demand of "the human-oriented, "conform to the human nature, respect the human dignity, embody the humanity, sympathize the human feelings, and protect the human rights", and then the process of formulating and revising the laws is to lift "the human-oriented"to the level of the State laws.

Second, the rule by law is the fundamental guarantee for "the human-oriented". "The human-oriented"is the governing principle of our Party to take up the national and social affairs, which is proved by the practice to be effective, in accordance with the interest of the people and the objective laws, and therefore needs to be implemented on a long term run as the policy of the Party. While through the restriction and regulation for the public power by the rule of law, good social order can be formed, socialism can be realized, and the human rights can be respected and protected. Therefore, only if we lift the political declaration of "the human-oriented"to the level of the State laws, make the policy of "the human-oriented"approved, fixed to the law clause, and standardized through the rule by law, "the human-oriented"can be implemented by the whole society.