A question: why, in order to study the relationship between humanism and the Constitution
                            
All kinds of human science is to reveal the objective world change and the law of development from the different categories and angle. In the process we reflect on why humans created the problem of various science is not difficult to summarize, mankind finally only one objective, that is to create a better environment and conditions for its own survival and development. Philosophy as a universal science, aims to guide people to correctly grasp the change of the world and the development of the universal law, and then use the methods and means of transforming the objective world of science, which is more suitable to the needs of the development of human society. We can draw a conclusion: for all human scientific practice purpose is to solve the problem of "human". Humanism and scientism (Humanism) (Scientism) are the two main branches of Western Philosophy in modern times. As a kind of methodology and viewpoint of value, which has great influence on the two trends in modern times of various social sciences such as pedagogy, psychology, sociology, political science, aesthetics, architecture and so on development. Effect of a law in contemporary social science major category of course but also by the two philosophical thought. The constitution as the main and important part of law, of course, also inevitable. However, due to the important influence of science and technology in the past three centuries of human being, so people put more focus on the ideological trend of scientism, and ignore the humanism. The past research scholars are more from scientific and rational perspective to study the constitution, to some extent, ignoring the humanistic influence this important philosophy trend on the development of constitution. Scientific and rational undoubtedly has a very important role in the development of the law and the constitution, but with a scientism thinking to command about human life "the Constitution does not. Because of the scientists, it is expressed in the formula, it is the language of pure mathematics form; and non scientific discoveries and achievements should worship is one thing, but that all human life and behavior can be expressed with the pure scientific language is another question entirely. [1] as a legal system for human yearning for Wonderfull Life designed by the constitution must be scientific, no doubt; but as people living standard and life style guidelines, [2] constitution is transcendent, the two sides of the constitution is the true face of the original. The constitution as a fundamental human standard of living, which in essence is not the ultimate scientism doctrine to confirm. Human life, it cannot do without reason; but all the content can not be reasoned including human life. About matters of life, to use the scientific method to solve; related to emotional accident, scientific super absolute, scientific dogma or text [3] constitution is not cold. America philosopher Heschel said: "people ask what is man", "not to find your starting point, but to seek their own destiny." [4] from human destiny of, concerned about the survival of people, realize people's free and all-round development, has become the primary mission of the constitution. Modern human life in the emotional choice of constitution and constitutionalism, so the Constitution and constitutionalism in the same ultimate purpose and ultimate concern to return to human emotion, otherwise it will lose its true colours. [5] this is the author of the cause of the relationship between human core philosophy of humanism thought and the constitution of both the place.

Two, what is the Humanism
                           
Prior to the commencement of our study, we must first find out what is the important concept of humanism. "Humanism" (Humanism) is a term derived from the Latin Humanitas, Humanitas is first appeared in ancient Roman Cicero and Gary, writings, and Greek Paidea equivalents, is the meaning of "human nature", "human", "the intelligent part of the universe", also refers to a person to get the development can promote maximum limit system of education. The British "concise Encyclopaedia Britannica" the humanism "is defined as: Humanism refers to an attitude of the mind, it is of great significance and value of man....... All attach great importance to human relations, human and God's free will and on the nature of the attitude of superiority, is humanism." [6] America "Encyclopedia of philosophy" that humanism is the "refers to any recognized value or the dignity of man, by man as the measure of all things, or in some way the nature and scope of the interests, as the subject of philosophy." [7] German encyclopedia "Larousse dictionary" that: "the person and the person related things as core, scale and highest purpose of philosophy of life, is the real humanism." [8] although is not the same as the statement, but the basic meaning is refers to the man the measure of all things, emphasizes the value, human dignity and freedom, "is a kind of human centered and criterion (Sanction) philosophy". [9]
                           
As early as fifth Century BC, the Greek form human philosophy of humanism. In the early stage of ancient Greek philosophy, people only pay attention to the external nature, first establishes the ontological nature is. Man is a part of nature, itself does not have the meaning of reality. Ancient Greek Sophists representative Plo Tiger La first proposed the "man is the measure of all things, is the existence of some scale, also does not exist does not exist scale." This famous philosophical proposition. This proposition [10] is considered the first manifesto humanism thought. It diverts attention from the external nature to human itself, put forward by the man-made object center proposition, established human's all subjective epistemology and values. In the history of western philosophy to achieve a study paradigm transformation. Since the formation of humanism, people become the center of all theory. In the Greek world, especially in Athens, people thought and discussion are people, namely the human soul, rational, moral, intellect and education etc.. Therefore, people related subjects, such as ethics, psychology, education, political science, physiology and medicine, had become the most active and most fashionable subject. The philosophy of humanism thought is a positive culture, because it helps to establish the human subject consciousness, personality independence enlarge, make people become the master of nature, the masters of society and their own destiny. The history of human civilization, in essence, is the increasing extent become the development history of natural, society and their own destiny master. [11] because of this, the humanism in the Western civilization development process, has played an extremely important role. With the development of history, humanism has been constant development, connotation has been continuously enriched, and in different historical stages in different forms.
                           
In the period of the Renaissance and religious reform, humanism in the form of humanism reflected. Humanism is based on medieval humanism and God centered on the long-term struggle. With the development of social economy, politics and culture in the middle ages, the advanced intellectuals and thinkers (namely humanist) to broaden our horizons, they take a variety of ways, bound to get rid of Christian theology and the natural, for life, for human vision, rather than research perspective observation, experience, reality and splendid classical culture god. They advocate the human centered, emphasizing the value of independence and liberation, advocated the people from God's rule. The theoretical basis of the humanism is the Naturalism Theory of human nature. In the view of humanism, the unreasonable of religion is that it for God to sacrifice the people, killing of human nature, the people from the real life to the afterlife fantasy, which erode the human life. Therefore, the humanists in Critique of Christianity, that should be based on the human nature is nature to live. The so-called human nature, is the secular life, enjoy the natural joy of reality and the material and spiritual pursuit. [12] humanism with the artificial center, advocated the liberation of personality, individual's value, dignity and freedom, opposed asceticism, denounced the scholasticism, denied the church and the feudal privileges, advocating rational. In short, the axis of the world from the sky to the world, so that the history of the dominated by God became man. [13]
                           
By the middle of the eighteenth Century, humanism is in the form of bourgeois humanism performance. Humanism as western cultural phenomenon and the dominant ideology in Western Europe, which flourished for nearly five centuries, until the industrial revolution in Britain and France enlightenment, that is located in the bourgeois humanitarian. Humanitarianism is the ideological weapon for the French Enlightenment thinkers, is to further the development of humanism. It marks the emergence of anti feudalism struggle prelude to the bourgeois officially opened, also announced that a human's self-awareness. The bourgeois Enlightenment thinkers to Naturalism Theory of human nature as the theoretical basis of humanitarianism, freedom, equality, fraternity, puts forward the humanism thought. The core idea of bourgeois humanism is the human rights, it opposed the feudal autocratic rule, requires the establishment conforms to the human nature of the bourgeois democratic regime. Humanism in the bourgeois revolution and the consolidation of the bourgeois democratic regime period, become the bourgeoisie in the side of the great banner of thought. Humanitarian as moral humanism, attention to people's lives, it includes two aspects: associated with individual ego consciousness, emphasizing respect for individual life itself, respect and care for others, this is the mainstream consciousness of the Renaissance; consciousness of kind linked, stressed as the glory and the responsibility of a member of the class. Freedom, equality, fraternity, emphasis, and for the happiness of mankind and the struggle for independence.
                           
Since the middle of the nineteenth Century, humanism has been a major development, the emergence of a variety of genres, one is biological people represented by Feuerbach's humanism, emphasizing in the biological sense of nature, others and the society's dependence. Feuerbach's humanistic materialism because they don't have as the reality of society, and only the human understanding is a natural person, not to see the social nature of man, not to see the dynamic role of the reality of society. The second is non rational people to Schopenhauer, Nitzsch, Bergson, Sutter, Freud as the representative of the humanism, the mention of center of philosophy, the non rational factors of human made reveal, stressed the contradiction between human and environment, ignoring the people's natural attribute; the third is with Marx as the representative of the people this doctrine. In 1844, Marx in the "critique of Hagel's philosophy of law" the introduction presents a famous proposition of "man is the highest essence", "human is human itself". Man's all-round development is to realize the all-around development ability, potential, activity, personality liberation, from the realm of necessity to the realm of freedom leap. The highest goal Marx idea of communism is for people to return to real people. "This kind of communism, the naturalism, equal to the humanitarian, and the humanitarian, equal to naturalism". [14] Marx believes that human nature is property unique to humans, including natural attribute, social attribute and spiritual attribute. So Marx's humanism includes three parts: one is to solve the relationship between man and nature, including people (class) to promote the establishment of the subject status, scientific spirit; two is a reasonable solution to the relationship between man and man, man and society's, including individualism and collectivism principle is reasonable; three the relationship between human and human, including their own material enjoyment and spiritual pursuit of harmonious development.
                           
In the mid twentieth Century, humanism has been more rapid development. Modern humanism has inherited the tradition of humanism, "humanitarian is' humanism '(Humanbeingism), which is dedicated to all the people's interests,...... It reaffirms the cosmopolitanism (Cosmopolitianism), international friendship and brotherhood spirit ", so [15] human rights become the world common slogan and since the mid twentieth Century the main melody. But on the other hand, the contemporary humanism and traditional humanism philosophy has different characteristics. The main features of the contemporary people is against subjectivism. The traditional humanism philosophy of exaggerating the commanding of the subject to the object and the transformation of the role, and gradually developed into a body of doctrine. But the modern humanism philosopher, thinker in the face of the severe ecological crisis and the western society rule the human phenomenon, the philosophical reflection on the relationship between man and nature, from the world outlook, values and ethics perspective, the subjectivity of fierce criticism. They advocate the ecological ethics, believes that ethics is not a human "patent", should be extended to all things in nature, all animal and every tree and bush like people, have the right to live, to be protected. People must be harmonious with nature, that is "harmony between man and nature". Secondly, the modern humanism emphasizes non rationalism. The traditional humanism philosophy to promote human rationality, opposes theocracy; emphasis on rational thinking and scientific method, oppose ignorance blindly, promoted the development of human civilization and the productive forces, promote social progress, but because of the one-sided exaggerated to rational, the rational absolute, objective, main body into an independent self preservation "". Descartes's "I think therefore I am" to Hagel only "thinking" instead of the "I", thus the opposite, the reason of crisis, crisis. Modern humanism generally abandons the traditional rationalism, from the angle of human nature to think and see the problem.

Three, the people of the Constitution
                           
Humanism plays a very important role in the development process of modern constitution. Humanism is the ideological source of modern constitution, is the ethical foundation of legitimacy of the state and the government, but also the driving force for continuous development of the modern constitution. Can say, no thought of humanism, not the birth of modern constitution, there would be no today's civilization of constitutionalism. Human history tells us, the bourgeois democratic revolution, and the more important content and guiding ideology, establish the humanistic is in ideology. Can even say so: the establishment of a democratic republic system and cleaning the feudal mode of production, is based on the guidance of humanism. In 1776 the colonies in North America in the war of independence, published in the "Declaration of independence", adopted by the constituent assembly in 1789 when the French Revolution's "Declaration of human rights", is a legal document in the guidance of humanism. Legal civilization of human society, is based on the humanism as the foundation of the.

(a) humanism is the ideological source of modern constitution was born, there is a country and the legitimacy of government ethics foundation
                           
The constitution is a kind of excellent political civilization of human beings, it originates directly from human to happy life yearning, aims to establish an ideal state, from the "human warfare", despicable and helpless state of nature. The constitution is the fundamental for human to arrange their own happy life, human hopes to the rational distribution of state organs of power to protect their own rights and happiness as a person. [16] is for freedom, equality, human dignity, the realization of human value, the pursuit of a Wonderfull Life way, people created the political form of the constitution. This is precisely the people of this ideology essence.
                           
The European medieval thinker Aquinas thought the national goal is ethical, is to seek the "public happiness", including the material happiness and spiritual happiness two. [17] in the famous Holland Spinoza enlightenment thinker, man is to establish the state and law, is purely human draw on the advantages and avoid disadvantages requirements. [18] British thinker Hobbes thinks, because everyone is a wolf and always in a state of war, for others and therefore, people need to establish a government that Levitan through the contract (Leviathan), use people transferring rights to promote peace, security and well-being of all people. [19] Rock also think people in order to protect the life, health, freedom, property rights, prevent violations, it based on the needs of the people, through voluntary agreement contract established community. [20] utilitarianism jurist Bentham think, the sum of social interests, interests is composed of various members of the society. Therefore, it is the job of the government through the avoidance of pain and joy to enhance social happiness, specific performance for the guarantee of citizen's livelihood, prosperity, equality and security. Only when social individuals to achieve happiness, society will be prosperous, countries are justified. [21] and Bentham as analytical School of law, Austen also believes that the principle of utilitarianism is the ultimate standard, Inspection Law and therefore, a sovereign government noble intention or purpose is most likely to improve people's happiness. [22] social law school Pound from the maximum to meet the demand of the angle to think the purpose of the law, he took the law as a social institution, namely through political organizations in social arrangements on people's behavior and to meet the needs of the people or circumstances, to realize people's requirements, it can be to pay the minimum price for and as far as possible to meet the needs of society civilization -- occurs in social life needs, needs and expectations -- social system. He pointed out that in nineteenth Century, legal history, to a large extent is a record about the increasingly recognized individual rights. Paine famous thinker [23] points out, is the people of mutual covenant and produces, it is the only way the government rights resulting from this, is also the government has only one principle of right of existence. [24] in these philosophers of law's eyes, the government is established in order to safeguard the interests of the people, equality, security and welfare is a legitimate reasons the government exists, and the constitution is the people to build a government contract. Although the idea is only a theoretical value, but as the framers of the constitution drawn indispensable theoretical source of nutrition. In fact, in the human has traveled to history, freedom, democracy and security has always been the mankind diligently strive after things, and become the motivation of people's constitution, which is abstracted as the fundamental value of the constitution. Human society more than two century road of the constitutional government has shown that, the constitution, in order to normal development to meet their basic human needs, seek happiness. USA's "Declaration of independence" is the best description,"...... That to secure these rights, governments are instituted among men. While the government's legitimate authority, is derived from the consent of the governed. If you encounter any form of government becomes destructive of these ends, it is the right of the people, to alter or abolish it, and to institute new government." [25] therefore, the constitution should take the human nature as its focus, to meet people's freedom, democracy, security and the pursuit of happiness, only in this way, the constitution is the fundamental law.

(two) the theory of human nature -- the core of the philosophy of humanism, is the logical starting point for the constitution of system design.
                           
The core thought humanism philosophy is the theory of human nature from the angle of human nature, that is all, all for human development. The western theory of human nature that human nature is evil, everyone is selfish, selfish. For example, Hobbes thinks, human nature is egoistic, everyone wants their own desires. [26] therefore constitution, how to balance the government (state) and people (citizen) between the interests of the relationship has become the primary problem in the constitution. In order to avoid the control of power the government alienated into profit to the people first need tools, the Constitution on the relationship between government and the people are defined, clear the basic duty of the government, in order to protect the public power will not overstepping privacy. Is the Western politicians from the view of human nature, aware of the evil in human nature and unreliable, and on the basis of the system design on the constitution. Thinker Rock that all power in the hands of the same individuals will inevitably have a bossy and tyranny, the state power should be divided into legislative, law enforcement power and external power, and that the other two right belongs to the parliament's legislative power is better than belonging to the king, attempts through a system architecture of this kind to control the king's power, safeguard the people's rights. "Separation of the three powers" of the representative of Montesquieu, in the "spirit of law" a Book of the state power is divided into legislative, executive and judicial power and exercise three, respectively by three different state organs, so that the three power balance each other, in order to prevent the government from the establishment of the people to protect their original intention. Montesquieu thought of decentralization of power mainly comes from the following two points: one is that the government is born with a tendency to infringe the rights of the people. In order to prevent this kind of tendency, the government must be within the scope of activities, ultra vires acts are not allowed, the state power should be limited. Two is the nature of the power itself. Because of all those who have power are easy to abuse of power, people have the right to use the power to where the limits are just resting, and absolute power corrupts absolutely, so to prevent the abuse of power, must use power to restrict power. Three right separation after the publication of Montesquieu theory, political influence on western theory and practice of great. In 1789 the French "Declaration of human rights" sixteenth stipulates: "all right without guarantee and decentralization is not established society, has no constitution." In 1791 the French constitution of the "Universal Declaration of human rights" as its part, faithfully using the decentralization theory to establish the system of the state. American 1876 "Declaration of independence" has declared: "the basic principles and political organization form the new government, must be the most easy to realize the safety and well-being of the people." In the early days USA some state constitution of three stipulates the right division. Later America politicians and the Federal Constitution drafters of the further development of the three power separation theory of Montesquieu, put forward "separation of three powers" and "checks and balances and equilibrium" point of view, and has been fully embodied in the 1787 federal constitution. The legislative, judicial, administrative separation of the three powers of the government structure, USA in the constitution of the independence of the judiciary system, the federal system and so on are the framers for power control, safeguard the people's rights and conceived. And this separation of the three powers, checks and balances system design limited government, judicial independence was later followed by many countries.

(three) the development of humanistic thought and modern constitution to modern constitution to the development of contemporary constitution.
                            
The humanism thought since its birth, has experienced a continuous development process. This process not only embodies humanism has various different manifestations in different historical stages (previously mentioned), but also for the "person" as a core concept, rich in its connotation expansion. Modern (period of free competition capitalism) humanism emphasizes the freedom of human rights, here said the "person" is not abstract human beings in general, but means the individual specific, so this kind of humanism is actually individualism. [27] this period advocated strict restrictions on state power, state power to prevent violations of individual rights. The role of the state is strictly limited to the political field, the most popular government that governs least is the best government is this time words. Modern (imperialism period to the end of World War II) humanism, attention is paid to the right to survival and development of people, this "man" is the type of people, rather than the individual, is emphasized individualism. Therefore, advocates limiting private property for public welfare, social attention and advocacy, while the expansion of executive power is the Constitution Constitution gives the national identity, widespread intervention in social economic and cultural power. Contemporary (so far since the end of World War II) humanism, emphasis is on human rights, nationalism and ecology. Human rights advocate above sovereignty, the universal application of human rights and the right to self-determination, also pay attention to the harmonious development of man and nature. Generally speaking, humanism has experienced the social attribute of human individual attributes to the people to understand the process of the natural and social attributes. "Person" as a core concept, from the earliest as a vassal of nature and God, to the biological sense of the individuals to the society (people), and then to the race, ethnic (of all people), and finally to all creatures including the nature, and people in the future (the modern descendants) a a process of expansion. Such a development process of humanistic thought itself promoted the constitution since the modern times to two across the.
                            
The Enlightenment period of humanism on the absolute rights and personal freedom, advocating strict restrictions on state power, abide by "the government" concept. Therefore, the modern constitution embodies two characteristics: first, to the human rights publicly announced and confirmed. The bourgeoisie after the victory of the revolution, the establishment of national political power, the human rights mentioned in his programmatic document and fundamental law confirmation. In 1789 France's "Declaration of human rights and civil rights" pointed out: "men are born and remain free, on the right is equal": "all political binding to indestructible human rights to preserve the natural; and these rights are liberty, property, security and resistance to oppression". The Universal Declaration of human rights was directly as a prelude to the 1791 French first constitution and become an important part of the constitution. The 1776 "Declaration of independence" America also announced: "we hold these truths to be self-evident: that all men are created equal, everyone is entitled to certain unalienable rights endowed by God, including the right to life, liberty and the pursuit of happiness". The ten bill of rights USA Congress 1791 supplement is American people of their rights the constitution recognizes the struggle result. Second, is to establish a limited government. Because of the absolute power of the king hated the arrogance and tyranny, seized power after the bourgeoisie, without exception, a limited government, to American for three typical Democratic Republic rights established in the constitution system of checks and balances, the independence of the judiciary and federal system, to prevent the state power is too strong. But in Britain, as the representative of the constitutional monarchy, is established the constitutional principle of parliamentary supremacy, the king's power is restricted from Parliament, a virtualization.
                           
Enters into the stage of imperialism capitalism, because science and technology rule caused the alienation of man, flooded the meaning and value of human, the human relations indifference, and enable people to manipulation and control, loss of individuality and freedom. As Marx quoted Ricardo said: "capitalist competition created everything, to create wealth, to create a worker, but make the person is not worth mentioning." Like religious fetishism (who gave everything to God, God is omniscient, omnipotent, all good, and the people themselves become not worth mentioning), money fetishism, commodity fetishism (who created the money and goods, people will own all have given money and goods, and make oneself become poor) produced. [28] this time people began to early absolute personal freedom and market economic man's "materialization" profoundly, proposed to the person's private property right and absolute individual freedom, social public welfare attention and advocacy. This change of humanism thought has formed three major characteristics of the modern constitution: the constitution, to limit the absolute private property, pay attention to the survival and development of human society, promote social public welfare. Germany's 1919 "Weimar constitution" will be the first public welfare into the constitution, attention in the market economy society's survival and development, to avoid the materialization of people "". Secondly, the vulnerability of the economic crisis of human, promote constitutional countries widespread intervention in social economic and cultural power. To America as an example, produced the huge influence of Roosevelt's new deal America constitution, the president of the executive power is enlarged, the government began to widespread intervention in social and economic affairs. Roosevelt's new deal to American constitutional transition to modern constitutional process, referred to as a "constitutional revolution". [29] third, further deepen the understanding of the connotation of "people", the humanistic thinkers realized that women and men, colored and other people should enjoy the same rights. Therefore, all countries in this period have the original to modify the Constitution gives men and women, people of color and other ethnic equal political rights. As American in this period through amendments relating to women and black slaves the right to vote, giving women and slaves and others enjoy equal rights to vote.
                            
After the Second World War, the humanism thought development to a new height. Humanist thought not only refers to the individual, group, it also represents different racial and ethnic groups. National survival and development rights and national self-determination has become the theme of this period. After the war, the imperialist colonial system collapse in two big banner of the national right to life and the right of peoples to self-determination under the impact of. A series of national countries have been independent, the establishment of the national post have developed in line with the national characteristics and the country's constitution, the constitution to the nationalism nationalism characteristics become an indispensable member of the big family, not only responded to the modern "national constitution", is rich in connotation and development the nationalism of the constitution. [30] in addition, serious waste phenomenon of human rights and the war, the people of internationalization on attention to protection of human rights and the protection of human rights development. Many international organizations after the war led by the United Nations successively promulgated a series of human rights conventions, such as the "UN Charter", "the world human rights convention", "civil political rights and the International Covenant" and so on, the Convention on the rights of the constitution are directly recognized and accepted, and give higher than the constitution status, promote the international development trend of constitution. Moreover, in twentieth Century 70 years later, because of the great threat to the environment pollution to people's quality of life brings, humanist was once again modified to humanism, they will be the value orientation of humanism from the contemporary people's original immediate interests extended into human populations of this species in the overall interests and the long-term benefits, they began to focus on the relationship between man and nature and the contemporary and future generations of intergenerational fairness. The new development of the humanism promoted the ecological transformation of contemporary constitution. To make a long story short, with the people of this ideology constantly enrich and develop contemporary constitution, showing the "nationalization, internationalization, ecological" three major trends.
                           
From, we can see the Constitution in the three stages of development showed the following two characteristics: first, is from individual to group, from absolute freedom to relative freedom from modern constitution to modern constitution, but no matter how the constitutional standpoint always is the human own value; secondly, from the modern constitution to the contemporary constitutional law is from group to the national development process, but also to the new process from the recognition of the value of human life to the recognition of the value of the other species. [31] this process will continue to promote the development of the future constitution.

Four, the constitution of the Humanism
                           
Humanism in the development process to promote the modern constitution, but also its own contained in the constitution, the constitution of the Humanism (referred to as humanism). First of all, whether it is the spirit of the constitution or basic principle reveals the essence of humanism; secondly, the core content of the constitution is the concrete object of humanism in the constitution of the form; third, humanism is the constitution of "higher law", is the most important criteria of constitution value.

(a) the spirit and the basic principles of the constitution is the embodiment of human thought humanism philosophy.
                           
Since the song of the spirit of the Constitution and the basic principle of all show the essence of humanism. The modern constitution are publicly acknowledged the following principles: one is the principle of sovereignty in the people or the people's sovereignty, human rights (citizen) is the source of state power. Enlightenment thinkers Rousseau believe that the will of the people of the country were the supreme power, sovereignty is a concrete manifestation of mind, people is the source of the supreme power of the state, sovereignty belongs to the people. The idea for the period of the bourgeois revolution bourgeoisie in other countries have accepted and loading of the constitution, the constitution became the ideological foundation of modern western countries and first principles. Although the socialist constitution and the constitution of the distinction between the nature of capitalism, but the socialist countries represented by the Soviet Union's constitution also clearly recognize the "people's sovereignty" the humanism philosophy. For example, our constitution article second expressly provides "all power in the people's Republic of China belongs to the fundamental principles of the constitution of the people". So no matter what the nature of the constitution must be based on the humanistic spirit as the basis. "The basic principle of the sovereignty of the people" of the constitution, has established "the sovereignty of the people" or "people's sovereignty" as the political basis of national power system, affirmed the political status of people in the state power system, this is undoubtedly the humanism thought the best body in the constitutional text is; two is the standard principle right, namely (citizen) right before and above the state power. Humanism thinkers believe that the transfer of state power comes from the people, human rights prior to the state, given rights is not from the state and the constitution, the constitution only confirmed it, rather than creating it. Since American constitution, the framers of the constitution established the "presumption of rights" principle, that is not explicitly given any constitutional power, the government does not have the power, the power held by the people. Three is the protection of human rights principles, namely (citizen) right is the state power, configuration and operation of the objective existence, national power to protect human rights (citizen). As Kant said, not for the country on the contrary, the country is there for people. The state is the means, not the purpose. [32]1789 France's "Declaration of the rights of human rights and citizen" explicitly declared: "all political binding to indestructible human rights to preserve the natural". The 1776 "Declaration of independence" America also announced: "to secure these rights, people organize their own government, the government just powers from the consent of the governed". The protection of human rights constitute the legal sources and ethical foundation. The constitution is the guarantee of human rights book government power operation. Four is the principle of limited government, namely the people (citizen) rights is the limit of national power, configuration and operation of state power, the right of control (citizen). The fundamental goal of the constitution is to "let every man as man, and on the basis of" restriction of various political, economic, social power. Any rule the behavior she ordered, either parliament or Congress enacted law, or administrative officials of the decision, the judge's decision, it must be based on the example. [33] constitution since its birth will shoulder the sacred mission of protecting the rights of the people, which requires the constitution must limit the powers of the state, to prevent the infringement of the rights and freedoms of people. No matter is the separation of the three powers or the principle of judicial independence is limited to specific performance of government.
                           
Medieval European Renaissance and religious reform, liberate people from the medieval religious theology rule for thousands of years in the darkness, the people start to be a real man, human nature, humanitarian, human rights advocate, human value, human freedom, human dignity, human reason and the significance of the flag, start the thought of "the humanism", the beginning of the "historical evolution of humanism". And this process, is also the basic constitutional principles and the constitutional spirit from sprout, produce to the history of the formation and development of. In this sense, the development history of the constitution, the history of the development of the spirit of the constitution, is also the history of "humanism" philosophy. [34]

(two) the core content of the Constitution -- provisions relating to human rights, is the concrete object of humanism in the constitution of the form.
                           
The meaning of humanism is all for the people, protect people's freedom, human dignity, the realization of human value. This reflects the recognition and protection of the law is the law of human rights, which is reflected in the constitution, is shown as the human rights stipulated in the constitution. Lenin once pointed out that "the constitution is a piece of paper with the rights of the people". The people themselves or through representative organs of the constitution is to protect human rights, basic human rights behoove becomes the core content of constitutional concern. Some analysis of data on "comparative study" the written constitution of Henry Mar Severn, helps to explain this problem. In the 142 part of the national constitution in their analysis, defines some important civil rights and political rights for more than 80%, clearly defined social, economic and cultural rights also averaged 65%.[35] America 1791 the ten amendment to the constitution, it means that for the first time in human history in the form of fundamental law to confirm and the protection of human rights. When the modern constitution, all human rights content made provisions, but is slightly or not, are not. The structure of the Constitution in the country basically have the right to special about citizen sections. In some countries the constitution as the prominent human rights and basic civil rights placed directly in the constitution of the first chapter, such as Peru (1993), Holland (1983), Canada (1982), Bolivia (1967), Germany (1949), Mexico (1917) and other countries. In addition, in order to realize the conversion of the rights of citizens from the paper to the reality, since the America established judicial review system, all the countries in the world after the World War II, also established their own human rights safeguard mechanism, such as the Constitutional Council, France, Japan and so on the constitutional court, allowing citizens to have power against the rights, constitutional litigation is filed, to safeguard their own rights.

(three) the constitution of "advanced" and the primary standard of value judgment -- humanism.
                            
The constitution of the humanism is on the basis of the law, will think of the further guiding ethical aspects, objective is the ethical significance of rich people, thereby enhancing the social and moral realm, make continuous improvement in behavior, so as to make up for the deficiency of the positive constitutional rules, in order to make continuous improvement to provide constitutional rules guarantee. And the highest ideal of humanism constitution only in the "higher law" can be realized. Seen from this perspective, people is the purpose of the constitution. So, who is a natural existence, is also the meaning of existence. Think that the humanistic value, human dignity is the only truth and the highest value. Marx's humanism thought, only the basic criterion of law is itself. The state and the law of the non mystique, non sacred, any lack of humanistic philosophy foundation of law, there is no standard social qualifications, lack of humanistic philosophy basis law will only make the law or patriotism with a lot of "hypocrisy", only pure become their own rule tool the ruling class maintenance. The [36] theory is also applicable to as an important part of the law of the constitution. A constitution advantage or not judgment standard lies in whether the Constitution can reflect the humanism thought. A constitution if they can embody humanism thoughts, namely the preservation of human dignity, freedom, equality and human security, to obtain the comprehensive development, cultivate fine and noble human nature, so that the constitution is undoubtedly Beyu Ken, good constitution. On the other hand, is bad, evil constitution constitution. Because of human cognition development stage and historical limitations, the constitutional development has presented a stage, never perfect constitution, the constitution is always in a dynamic process of development. As has been widely acclaimed American constitution, it also is not to be the pink of perfection, it is with the development of human cognition and the humanism and the development of. The two century America constitution dozens of amendment is the best explanation, but this does not prevent us to make right judgment on America constitution. In the course of development in the long history of constitution, there are not consistent with the humanistic spirit of "bad constitution". These constitutions although crown glorious name people's constitution, but because it is not to protect people's freedom, equality, human dignity, the realization of human value, but in order to maintain a small part of the dictatorship, tyranny, slavery, privilege, trampled human dignity, development bound people, such a constitution unable to reflect the humanistic spirit, it is "evil constitution", "bad constitution". Such as the 1889 constitution of the great Japanese Empire in 1906 and the "imperial constitution outline", the constitution is the maintenance of the autocratic tyranny, while ignoring the rights of the people and will be placed in a position not essential. The Constitution can not reflect the constitution should have the spirit of humanism, which is "evil," constitutional "inferior constitution".