Zhou Yezhong & Yang Rong
China

The values foundation of human rights originates from people's dignity, while the formation of people's dignity was closely related to certain social system and historical conditions. From this aspect, we can say that human rights has natural attribute and social attribute, of which, social attribute plays a decisive role on the values of human rights. Various relations among people formed during social activities are the field carrier of the existence of human rights. Thus, as the main body of human rights, people play a decisive role in the development of human rights. Philosophically, the "people-oriented" outlook stressed that "people" should be the key of all kinds of development from three aspects of ontology, axiology and the social ultimate pursuit . In contemporary China, the "people-oriented" outlook has been widely used in various fields as scientific concept of economic, political, cultural and social development. Especially in law field, people's comprehensive development and personality liberty have natural links with human rights, playing a guiding role in improving the legal system and the institution of ruling by law. Hence, clarifying the internal relations between "people-oriented" outlook and human rights will be the key to help elucidate human rights protection, especially the Constitutional protection of the basic civil rights.

I. "People-oriented" outlook is the logic starting point of human rights protection

The origin and development of "people-oriented" philosophy can be traced along three routes: First, the western capitalism people-based ideology and its development route; the second is people-based ideology in the traditional oriental culture and its development route; and third is the Marxism people-based ideology and its development route. The theoretical contents of people-based comprise of people's status as the main body, people's practices, people's capacity, people's rights, people's quality and the development of people's personality with different focuses in different period of time because of the different view angles . The western capitalism people-oriented ideology were originated from the humanism spirit of ancient Greece --- caring about people, especially caring about people's spiritual life, and respecting people's value and their basic rights, especially the value and rights as the spiritual presence . The people-oriented ideology in traditional oriental culture includes the thoughts of "benevolence and love" of the Confucius, "universal love" of Mo-tse, "giving priority to the people" of the Mencius, "learning about the fate" of Xun Zi, "understanding the law" of Han Fei Zi, "hunger and cold leading to riots" of Wang Chong, "giving priority to the people worldwide" of Huang Zongxi, "mass ruling" of Gu Yanwu, "the world belonging to everyone" of Wang Fuzhi and "three principles of the people" of Dr. Sun Yat-sen later. All these thoughts embody the ideas of "giving priority to people as human beings" and "giving priority to people as citizens" . On the basis of critically inheriting the capitalism people-oriented ideology and utopian socialism people-oriented ideology and in combining with the development of western countries, Marx and Engels, based on the historical materialism and the outlook of surplus value, realized that people have sensible activities and that whether people's thinking is the objective truth or not is not a theoretical issue, but a practical issue . The entire history is the development history to make people as the objective in the sensibility awareness and prepare the needs of the people as "humans" . That means people have their own essence.

The gestation and development of western humanism spirits hastened the generation of the requirement of "natural rights" of the bourgeois in modern time, and the establishment of modern law-based society also created possible of human rights protection; while criticizing the capitalism, Marx and Engels stressed on people's independence and self-determination; the oriental people-oriented ideology was also influenced by "western learning flowing eastward" in modern times and democracy became the mainstream idea. But the idea of "people first" stressed by the oriental ideology was different from the western "human rights" , and also served governance to some extent.