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贺海仁著《法人民说》结合中国法治进程对人民主权论进行了法哲学阐释。作者用法人民这一术语整合自由、人权、民主、公正、平等、法治等现代性概念,确立人民在国家治理中的最高地位,构建国家权力来自人民、通过人民并为了人民的法理学。一、“法人民”是法治中国建设的价值立场人民是一个历史概念、政治概念,也是一个重要的法哲学概念。人民是历史的主体,也是政治生活的主体,是法治的历史起点和逻辑起点。主权在民是现代民主的核心和精髓,它不仅是一种政治原则,也是一种法律原则。“一切权力属于人民”是国家治理理
He Haireng carried out the jurisprudential interpretation of the theory of people’s sovereignty with the process of the rule of law in China based on the theory of “legal person and people”. The term “usage of the people” integrates the concepts of modernity such as freedom, human rights, democracy, fairness, equality and the rule of law. It establishes the supreme status of the people in state governance and constructs the jurisprudence that the state power comes from the people, from the people to the people. First, “legal people ” is the value of building the rule of law in China Position People is a historical concept, political concept, but also an important concept of legal philosophy. People are the main body of history as well as the main body of political life. They are the historical starting point and the logical starting point of the rule of law. Sovereignty and people are the core and essence of modern democracy. It is not only a political principle but also a legal principle. “All power belongs to the people ” is a state governance