当代法治文化研究

发布时间：2018-03-17 15:06

本文选题：法治文化　切入点：人文理性　出处：《淮北师范大学》2011年硕士论文　论文类型：学位论文

【摘要】：随着我国“社会主义法治国家”目标的确立,依法治国,建设法治国家提上日程。法治国家的建设离不开法治文化的培育,随着法治国家建设的深入,法治文化的研究受到了越来越多国内学者的关注,而且也受到高层领导机关的高度重视。法治文化的建设成为当前研究的一个重要课题。当前对法律文化的研究已为广大学者所熟知,但单独对法治文化尤其是当代中国法治文化如何进行理论构建的学术性著作并不多。法治国家的建设离不开理论的指导,在我国这样一个缺乏法治传统的国家进行这样一个伟大的工程更是如此,从实际出发,合理吸收西方法治实践中的有力因素,总结实践中的经验教训得出理论,再用理论指导实践,达到建设法治国家的目的将是我国法治建设的基本路径。本文意在探求法治文化蕴涵的基本价值观,阐释法治文化所追求的人自身解放的目的,得出了法治国家是社会发展进程中较理性的治国方略,同时运用法学理论,法社会学的视角界定法治文化的概念,分析法治在西方的发展历程及在中国缺失的原因,重点论证法治文化对社会主义法治国家建设的深刻影响,分析中国实现法治国家建设背后所要解决的本质问题,并针对问题提出解决的路径,通过学习借鉴西方先进的法治文化,从我国的国情出发,探索出一条适合我国国情的法治文化建设之路,实现建设法治国家,建设和谐的法治社会的目的。本文除引言和结束语外共分四部分。第一部分,阐述了法治文化的涵义,通过解读法治所蕴含的价值,总结出法治文化建设对国家建设的重要意义。第二部分,从古希腊的法治思想谈起,介绍了西方法治文化的发展历程,通过比较中西法治文化的不同,总结出不同法治文化的深层次的原因。第三部分开始介绍我国对法治国家建设的探索历程。从清末开始的探索一直持续到当代,中间取得了宝贵的经验,更多的是沉痛的教训。第四部分,从显性和隐形两个方面论述了中国建设法治国家所要采取的路径。提出要从两个方面全面构建科学的法治文化。
[Abstract]:With the establishment of the goal of "socialist country ruled by law", the rule of law and the construction of a country ruled by law are on the agenda. The construction of a country ruled by law cannot be separated from the cultivation of the culture of the rule of law. More and more domestic scholars pay attention to the study of the culture of rule of law. The construction of a culture of the rule of law has become an important subject of current research. The current research on legal culture has been well known to the majority of scholars. However, there are few academic works on how to construct the theory of the culture of rule of law, especially in contemporary China. The construction of a country ruled by law can not be separated from the guidance of theory. This is especially true of such a great project in a country like China, which lacks the tradition of the rule of law. Proceeding from the reality, we can reasonably absorb the powerful factors in the practice of the rule of law in the west, sum up the experience and lessons in the practice, and draw up the theory. To guide practice with theory, to achieve the goal of building a country ruled by law will be the basic path of the construction of the rule of law in China. This paper aims to explore the basic values contained in the culture of rule of law, and to explain the purpose of emancipation of people pursued by the culture of rule of law. It is concluded that a country ruled by law is a rational strategy of governing the country in the process of social development. At the same time, the concept of culture of rule of law is defined from the perspective of law theory and sociology of law, and the development course of rule of law in the West and the reasons for the absence of rule of law in China are analyzed. This paper focuses on the profound influence of the culture of rule of law on the construction of a socialist country ruled by law, analyzes the essential problems to be solved behind the construction of a country ruled by law in China, and puts forward the path to solve the problem. By learning from the advanced culture of the rule of law in the west and proceeding from the national conditions of our country, this paper explores a way for the construction of the culture of rule of law, which is suitable for the national conditions of our country, in order to realize the goal of building a country ruled by law and building a harmonious society by law. This paper is divided into four parts in addition to the introduction and conclusion. The first part expounds the meaning of the culture of the rule of law, through the interpretation of the value of the rule of law, summarizes the importance of the construction of the culture of the rule of law to the construction of the country. Starting from the thought of rule of law in ancient Greece, this paper introduces the development course of the culture of rule of law in the west, and compares the differences of the culture of rule of law between China and the West. The third part begins to introduce the course of our country's exploration on the construction of a country ruled by law. The exploration from the end of Qing Dynasty to the present age has been continued, and valuable experience has been gained in the middle. Part 4th discusses the path that China should take in building a country ruled by law from the aspects of dominance and invisibility, and puts forward the idea of constructing a scientific culture of rule of law from two aspects.
【学位授予单位】：淮北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0

【引证文献】