本文把法治作为一种秩序类型来阐释法治的人性基础,以往我们乐于说明法治的经济、政治基础,却往往忽视或回避法治与人性的联系。实际上,人的需要就是人的本性,自由自觉的活动就是人的类本质。将人性把握在灵魂的载体上,通过法治导向人性的本源是本文的特点。 In this paper, we regard the rule of law as a kind of order to explain the human nature of the rule of law. In the past, we are happy to explain the economic and political foundations of the rule of law. However, we often ignore or evade the connection between the rule of law and human nature. In fact, human needs are the nature of human beings. The free-conscious activity is the essence of human beings. Grasping human nature in the soul of the carrier, through the rule of law oriented human nature is the characteristics of this article.