品读郭道晖教授近十年来,特别是耄耋之年的论著,可以发现他从人本主义出发,以马克思主义人权观为基础,洞察中国实际,提出诸如政治人权是当代中国首要人权,公民权是国家法定的政治权利,以及与黑格尔的市民社会迥异的公民社会等新见解。他发掘社会权力在公民社会中的重要意义:社会权力不仅与国家权力互动,而且是中国政治体制改革的动力和源泉。他紧扣人权保护、制约国家权力这个宪政的核心,提出要以宪政社会主义为目标进行顶层设计。通过将宪政和社会主义相结合,他在逻辑上回归到人权这个起点。他的探索是马克思主义法学在当代的新发展。 Reading of Professor Guo Daoshi’s works in the past decade, especially in his early years, we can find out that based on the Marxist human rights perspective, he has an insight into China’s reality and proposes that political and human rights are the primary human rights in contemporary China. Citizenship is the national law. Political rights, and civil society that is very different from Hegel’s civil society. He explored the significance of social power in civil society: social power not only interacted with state power, but also was the driving force and source of the political system reform in China. He clings to the core of the constitutional government that protects human rights and restricts state power, and proposes that the top-level design be aimed at constitutional socialism. By combining constitutionalism with socialism, he is logically back to the starting point of human rights. His exploration is the new development of Marxist law in the contemporary era.