The study of Law and Economics is based on the inherent logical contact between law and economic, which indicates the same character in the behavior of law and economic for individuals activities and associations. Accordingly, it is undoubtedly that some theories such as hypothesis of economic man，and rational-choice theory, show the inherent contact between law and economic. For this relationship，the concept of human（or the state of human being）and it self play an important rule as well. Probing into the concept of human being from the perspective of law and economics, to make clear the study of the fundamental precondition of economics do have significance.