Abstract:

Law flows in thinking and culture. And the flowage and development of humanistic spirit promotes the diversion of lawgoverning from the simplicity of taking class struggle as the central task or power bedrock to the harmony of people foremost, embodying the requirement of contemporary law and social justice in according with the idea of humanistic spirit. This is the most important achievement of law construction in the past 30 years of reform and opening to the world. While humanistic spirit has a rich connotation, always reflecting, in a definite society, people' s emphasis on their own dignity and value as to construct an idea of people foremost, the connotation of humanistic spirit is achieved in the real life of the society, and always interwoven with all kinds of issues in the real life. As far as the cultural manifestation of humanistic spirit is concerned, it can be considered as the moral scope of the affirmation and development of human value. While humanistic spirit is embodied in all the aspects of social life, reflecting the civilized degree of a society or country, it chiefly displaying, in contemporary real life, the critique and surpassing of materialism. At the same time, it is operated in multiple, cultural contradiction. The value of humanistic thinking and culture for lawgoverning and social justice lie in such a fact that when humanistic spirit develops justice and human nature, it is a logical startingpoint of the theories of lawgoverning and social justice; and when it questions lawful rationality, it is a thinking tool of lawgoverning and social justice; and when it claims for freedom, equality, humanright and justice, it displays a requirement for valuable culture needed by lawgoverning and social justice.

Key words:  humanity; law; social justice; materialistic critique; ethical foundation