论罗隆基的法治思想

发布时间：2018-03-05 11:12

本文选题：罗隆基　切入点：法治　出处：《吉林大学》2011年硕士论文　论文类型：学位论文

【摘要】：本文将分三部分对罗隆基的法治思想进行探讨: 第一部分将概述罗隆基法治思想的形成。笔者认为,一个人思想的形成,一方面离不开其教育背景及个人的心路取向,另一方面与当时社会的思想文化环境有很大关系。罗隆基早年在清华以及后来到英美等国家留学的学习经历都为其法治思想的形成奠定了基础,在其归国后,国内缺乏人权、自由、法治的社会现状更成为他法治思想形成的动力和直接原因。第二部分将对罗隆基的法治思想进行全面系统的整理和总结。笔者将从罗隆基对法治的定义、对法治与人权、法治与国家、法治与党治以及法治与民治等诸多关系的论述中全面地阐述他法治思想的构成。其中关于法治与人权、法治与国家的论述,笔者认为涉及到的是法治的功用层面,而法治与党治、法治与民治的论述则涉及到政治制度设计的层面,即法治的实现。故第二部分主要分为法治的涵义、法治的功用和法治的实现三方面。第三部分是文章的最后一部分,笔者将尝试对罗隆基的法治思想进行分析和评价。尽管由于各种原因导致罗隆基的法治思想和理论最终没有能付诸实践,但是不能否认其思想具有的历史价值和现实意义。
[Abstract]:This article will divide into three parts to carry on the discussion to Luo Longji's rule of law thought:. The first part will outline the formation of Luo Longji's thought on the rule of law. The author thinks that the formation of a person's thought can not be separated from his educational background and his personal orientation of mind on the one hand. On the other hand, it has much to do with the ideological and cultural environment of the society at that time. Luo Lung-chi 's early study experience in Tsinghua and later in the United States and the United States laid the foundation for the formation of his thought on the rule of law. After his return to China, he lacked human rights in the country. Freedom, the social situation of rule by law has become the motive force and direct reason of his thought of rule of law. The second part will carry on the comprehensive systematic arrangement and the summary to Luo Lungji's rule of law thought. The author will from Luo Lungji's definition to the rule of law, to the rule of law and the human rights, the rule of law and the country, The constitution of his thoughts on the rule of law is expounded in the discussion of the relationship between the rule of law and the party rule of law and the rule of law and the rule of law by the people, among which the author thinks that the function of the rule of law is involved in the discussion of the rule of law and human rights, the rule of law and the state. The discussion of the rule of law and the rule of party, the rule of law and the rule by the people is related to the design of the political system, that is, the realization of the rule of law, so the second part is mainly divided into three aspects: the meaning of the rule of law, the function of the rule of law and the realization of the rule of law. The third part is the last part of the article, the author will try to analyze and evaluate Luo Longji's thought of rule of law. But cannot deny its thought has the historical value and the realistic significance.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D909

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