关键词: 人性,需要层次理论,法律人性假设,奖励性规范

Abstract: With the help of the hierarchy of needs theory, it can be seen that the “good” and the “evil” in human nature are distributed in every basic need. In a certain period of time, human nature tends to show only the “good” or the “evil” side. The “good” is the ultimate trend of human nature. Therefore, it is objectively required that the law created by the legislators should not only be able to “abandon the evil”, but also to “promote the good”. At the micro level, the legislators can establish targeted behavior patterns and legal results with the “tilted protection” as a means and the “substantial justice” as the purpose. While at the macro level, the legislators should actively respond to the “good” of human nature, which may be manifested in legal relations. The legislator should judge the “superior need” in the current social relation reasonably from the level of the whole society, and pay attention to set the legal results on the basis of the incentive norms. In addition, the hypothesis of legal human nature from the perspective of the hierarchy of needs theory can provide strong theoretical support for the law of society and the economic law.

Key words: human nature; hierarchy of needs theory; hypothesis of legal human nature; incentive norms