Economic Humanistic Legalism

Author: Li Yongcheng
Publisher:
Publish Date: 2006-12-01
Features: Humanism is not an obscure or profound theory; fundamentally, it is a philosophical cognition that takes human value as the standard. To some extent, being people-centered is both the ultimate ideal we strive for and the criterion for judging whether society is civilized, progressive, and comprehensively developed. Precisely because social development often deviates from being people-centered, being people-centered can rather be seen as a goal that requires us to pursue endlessly and approach infinitely closely. As a tool or means to uphold and promote the pursuit of a happy and ideal life for people and their journey toward free, conscious, and comprehensive development, law undoubtedly should be a people-centered law. Each department of law embodies and realizes humanism from different angles. So, how is the relationship between economic law and humanism? How to theoretically understand economic law humanism? And how does economic law (especially Chinese economic law) implement humanism? These are the questions this book seeks to explore. Attempting to provide answers to these questions is precisely the research purpose of this book. The book is divided into six chapters and, logically, can be roughly divided into three parts: Part I is the Foundational Section (Chapter 1), which primarily elaborates on the general principles of a people-centered law, laying a legal foundation for the study of economic law humanism; Part II is the Main Discussion Section (Chapters 2, 3, 4, and 5), which primarily explores the theoretical aspects of economic law humanism, including the generative logic of economic law humanism, the cognitive understanding of economic law humanism, the people-centered philosophy and methodology of economic law, and the institutional embodiment of economic law humanism; Part III can be roughly considered the Practical Section (Chapter 6), as it addresses the issue of how Chinese economic law is people-centered and the practical path toward implementing people-centered principles.
Humanism is not an obscure or profound theory; fundamentally, it is a philosophical cognition that takes human value as the standard. To some extent, being people-centered is both the ultimate ideal we strive for, with metaphysical significance, and the criterion for judging whether society is civilized, progressive, and comprehensively developed. Precisely because social development often deviates from being people-centered, being people-centered can rather be seen as a goal that requires us to pursue endlessly and approach infinitely closely. As a tool or means to uphold and promote the pursuit of a happy and ideal life for people and their journey toward free, conscious, and comprehensive development, law undoubtedly should be a people-centered law. Each department of law embodies and realizes humanism from different angles. So, how is the relationship between economic law and humanism? How to theoretically understand economic law humanism? And how does economic law (especially Chinese economic law) implement humanism? These are the questions this book seeks to explore. Attempting to provide answers to these questions is precisely the research purpose of this book. The book is divided into six chapters and, logically, can be roughly divided into three parts: Part I is the Foundational Section (Chapter 1), which primarily elaborates on the general principles of a people-centered law, laying a legal foundation for the study of economic law humanism; Part II is the Main Discussion Section (Chapters 2, 3, 4, and 5), which primarily explores the theoretical aspects of economic law humanism, including the generative logic of economic law humanism, the cognitive understanding of economic law humanism, the people-centered philosophy and methodology of economic law, and the institutional embodiment of economic law humanism; Part III can be roughly considered the Practical Section (Chapter 6), as it addresses the issue of how Chinese economic law is people-centered and the practical path toward implementing people-centered principles.
The specific content of each chapter is described as follows:
Chapter 1: Law and Economic Law from the Perspective of Humanism
This chapter primarily analyzes and addresses some fundamental issues. First, it explores the understanding of humanism itself. To this end, the chapter traces the historical implications of humanism in both the East and the West, aiming to grasp its meaning comprehensively from a dynamic historical perspective. Regardless of how humanism changes its forms and appearances, its philosophical cognition of taking human value as the standard remains eternal and unchanging. The expression of humanism in the contemporary Chinese context is the people-centered concept of scientific development.
Second, it reconsiders the law of humanism. From the perspective of legal theory, the understanding of the law of humanism and the recognition of its importance still have many shortcomings and require further in-depth exploration. For this reason, the chapter primarily reconsiders the legal theory of humanism from the following aspects: the establishment of a people-centered legal view, the return of law to the daily life world of ordinary people, and how the institutional design of law should be people-centered. It also provides a brief examination of traditional and modern legal systems in China. Establishing a people-centered legal view requires that law should take people as the source, purpose, and master, and regard people as the highest standard for evaluating law. The return of law to the daily life world of ordinary people requires that law should give genuine concern to real people and their life scenarios. For this, law should take the rule of law under people's governance as its concept and the interaction and mutual control of social power and state power as its means. The institutional design of law being people-centered should follow this logic: human nature—human needs (legal needs)—interests—legitimacy judgment with justice as its core—human rights (rights).
Third, it elaborates on the legal approach to the study of economic law humanism. That is, guided by the legal theory of humanism, economic law must also establish a people-centered legal view, return to the daily life world of ordinary people, and reflect a people-centered approach in its institutional design.
Chapter 2: The Generative Logic of Economic Law Humanism
Humanism is an important character and inherent quality of economic law. The emergence of modern economic law, to some extent, lies in the correction and overcoming of the shortcomings of modernity, achieving a shift from a "thing-centered" legal view to a "human-centered" legal view. From the perspective of generative logic, economic law humanism is positioned as the social integration of the division of people caused by their alienation from things under modernity within the basic framework of "market failure—state (government) intervention." For this reason, first, the chapter analyzes the paradox of modernity and the alienation of people. To some extent, modernity is an inevitable choice for human society in the process of modernization. However, the essential rationality of modernity, which splits people into tools and values, leads to the hegemony and suppression of instrumental rationality over value rationality, the excessive promotion of the will of capital, and inevitably results in the alienation of people from things and the division of people.
Second, the chapter points out that the excessive division of people caused by the excessive alienation of people from things in the socialization of the economy and society must be socially integrated from the perspective of the overall society, suppressing the excessive expansion and proliferation of the will of capital to achieve a balance of interests and rights between strong and weak social groups. Otherwise, it will lead to certain social conflicts and contradictions, and the economy, society, and ecology will be difficult to develop harmoniously and balance.
Third, the chapter argues that the emergence of economic law and social law as a third legal domain beyond "private law socialization" and "public law socialization" arises from the need for effective social integration at the level of the overall society. For this reason, economic law must have a stronger toward substantive rule of law and take the realization of social justice as its value pursuit.
Finally, the chapter elaborates on the multidisciplinary theoretical foundation for the generation of economic law human justice. In terms of sociological foundations, attention should be paid to social cooperation, social symbiosis, and social responsibility. In terms of economic ethics foundations, the altruism of human nature should correct excessive egoism, and the development goal of maximizing happiness should correct the development goal of maximizing wealth. In terms of political philosophy foundations, democracy and public opinion should be the foundation, and attention should also be paid to "communitarianism." In terms of legal theory foundations, human rights are the ultimate goal, and social justice is the highest value pursuit.
Chapter 3: The Cognitive Path of Economic Law Humanism
Following the basic humanistic legal logic of "human nature—human needs (legal needs)—interests—legitimacy judgment with justice as its core (democracy)—human rights (legal rights)," this chapter cognizes economic law humanism.
First, the understanding of "people" in economic law is the starting point for the cognition of economic law humanism. In terms of human nature, the "people" in economic law are moral people with collective rationality and altruism. In terms of existence, the "people" in economic law are concrete individuals, "social people," and "ecological people." In terms of human needs, the "people" in economic law need the unity of economic freedom and economic order, the unity of economic competition and economic cooperation, and the unity of economic efficiency and economic fairness.
Second, the understanding of the social overall interest view in economic law is the center of the cognition of economic law humanism. Social overall interest is a real, independent form of interest. From the perspective of economic law, the specific connotation of social overall interest should be understood from the perspective of socially integrating the interests between strong and weak social groups.
Third, the understanding of the human rights view in economic law is the purpose of the cognition of economic law humanism. Economic law should respect human rights and, under the guidance of economic constitutionalism, protect the realization of basic human rights. The essence of the human rights view in economic law is the contradiction between human rights and property rights, and its purpose is to resolve the contradiction between strong and weak social groups in the realization of basic human rights. For this reason, the protection of human rights by economic law is primarily manifested in the limitation of the economic power abuse of strong social groups by weak social groups and the attention to the basic human rights of weak social groups.
Finally, the understanding of the economic democracy view in economic law is the path for economic law to implement humanism. From the perspective of economic law, economic democracy is more a procedural democracy centered on compromise and a process of interaction. The purpose of establishing procedural democracy by economic law is to judge the legitimacy of government intervention power, clarify the ambiguity of social overall interest, and thus maintain and promote social overall interest. For this reason, economic law should establish a procedural democracy mechanism centered on social overall interest, including the interest representation mechanism of weak social groups, the supplementary representation or participation mechanism for social overall interest, and the public interest litigation mechanism. This mechanism should be introduced into the legal regulation of macro and microeconomic fields.
Chapter 4: The Humanistic Philosophy and Methodology of Economic Law
Humanism is both the meta-philosophy and the fundamental methodology of economic law. This chapter explores the humanistic philosophy and methodology of economic law.
Regarding the humanistic philosophy of economic law, starting from the meta-philosophy of humanism, it can further be deduced that humanism is also a philosophy of coexistence, harmony, and development. Economic law should take coexistence, harmony, and development as its philosophy. Under the humanistic philosophy, economic law should take the integration of the value of freedom and the value of order, and the integration of the value of efficiency and the value of fairness, as its value orientation. Under the humanistic philosophy and value orientation, economic law should take moderate state (government) intervention and economic democracy as its basic principles, while also paying attention to changes in related aspects of economic law liability.
Regarding the humanistic methodology of economic law, starting from the fundamental methodology of humanism, the basic analytical framework of economic law should be positioned as "imbalance—balance." Imbalance is the premise and assumption, and balance is the means and purpose. Under this basic analytical framework, the basic analytical methods of economic law at least include systems analysis methods and interest bargaining analysis methods.
Chapter 5: The Institutional Embodiment of Economic Law Humanism
The humanistic philosophy and methodology of economic law should be reflected in all aspects of economic law. This chapter, centered on the interest comparison between strong and weak social groups, examines the institutional embodiment of economic law humanism from the two levels of microeconomic regulation law and macroeconomic regulation law.
Regarding the humanistic embodiment of microeconomic regulation law, it mainly includes the following aspects: first, the legal regulation of the internal strong and weak comparison relationships within enterprises, which roughly includes the interest comparison relationships between shareholders and laborers, major shareholders and minority shareholders, and managers and shareholders. Second, the legal regulation of the strong and weak comparison relationships between enterprises and external stakeholders, which roughly involves the interest comparison relationships between enterprises and the public, enterprises and consumers, and enterprises and other competing enterprises and consumers. Third, the social responsibilities of enterprises toward internal and external stakeholders, which roughly includes the social responsibilities of enterprises toward relatively weaker employees, consumers, creditors, future generations, and local community residents, as well as the social responsibilities of large enterprises toward small and medium-sized enterprises.
Regarding the humanistic embodiment of macroeconomic regulation law, it mainly includes the legal adjustments of strong and weak comparison relationships from the perspectives of macro-control law and sustainable development law. The strong and weak comparison relationships from the perspective of macro-control law roughly include the interest comparison relationships between regions, industries, sectors, large enterprises and small and medium-sized enterprises, state-owned enterprises and private enterprises, foreign investment and domestic investment, and the central and local governments. The strong and weak comparison relationships from the perspective of sustainable development law roughly involve the interest comparison relationships between contemporaries and between contemporaries and future generations.
Chapter 6: Towards Practice: People-Centered Chinese Economic Law
To make Chinese economic law practical and people-centered, it must take the real Chinese people as its foundation and return to the daily life world of real Chinese people, paying attention to the numerous economic and social problems arising from modernity during China's economic and social transformation period, establishing a humanistic spirit and philosophy, and working toward the harmonious and balanced development of Chinese economy and society.
For this reason, first, this chapter examines the current state of China's economic and social development from the perspective of humanism. It points out that although China's modernization has developed rapidly, the development of modernity has lagged behind relatively, and to some extent, the criticism and inheritance of Western modernity have been somewhat excessive, which has largely led to the "break" and "imbalance" between China's economic development and social development, polarization between the rich and the poor, and the division between strong and weak social groups. Therefore, the times require economic law to integrate society from a people-centered perspective.
Second, this chapter analyzes the local characteristics of Chinese economic law being people-centered. "Market failure—government intervention" is the basic theoretical framework of economic law. However, the "market failure" and "government intervention" during China's economic and social transformation period have different roots and effects from those in the West. For this reason, to make Chinese economic law people-centered, it should place "market failure" and "government intervention" more in the realistic national conditions and context of China's economic and social transformation period for recognition and reflection.
Third, this chapter explores the path for Chinese economic law to implement being people-centered. This path is to take the logic of people-centered economic democracy as the red thread and guidance, from economic constitution to economic law. This includes the expansion of the basic theoretical framework of economic law from "market—government" to "constitutionalism—market—government," the appeal of constitutional human rights to the social integration of people-centered economic law, and the creation of mechanisms for economic law to maintain and promote social overall interest under this. In the creation of mechanisms for maintaining and promoting social overall interest, economic law should establish an interest representation mechanism for weak social groups, a participation mechanism for social overall interest, and a public interest litigation mechanism.