先行法治化理论初探

发布时间：2018-03-21 13:50

本文选题：法治　切入点：先行法治化　出处：《淮北师范大学》2011年硕士论文　论文类型：学位论文

【摘要】：法治是一个渐进化的过程,法治国家的实现不可能一蹴而就。由于我国幅员辽阔,东西部条件的差异巨大,地区发展不平衡现象严重,在全国范围内统一实行一种法治发展标准具有很大难度。一些经济发达地区的法治建设已经滞后于经济发展,当地民众更是缺乏“安全感”。经济基础决定上层建筑,生产的发展总是要求上层建筑为其发展扫除障碍、拓宽道路并提供制度保障。因此,我们应当而且必须探索新型的法治发展理论及模式。 “先行法治化”是指中国东部地区在其经济与社会“先发”的基础上,在国家法制统一原则下,率先推进区域法治化。法治国家的实现有时间上的阶段性和区域上的不平衡性,在社会经济相对发达的地区率先实现法治国家目标完全是可能的,也是必要的。“长三角”地区的法治先发迹象告诉我们,先行法治化是实现法治国家的有效途径,在我国现实国情的土壤下具有很大的生长空间。但是,由于先行法治化理论方面的相对欠缺,法治建设经验的相对不足,在一些地方先行法治化的过程中难免出现一些始料不及的问题。比如,地方立法结构不平衡、政治体制改革相对落后、政府职能转变不到位、司法体制不健全、公众参与的平等性不强等等。因此,我们必须面对和解决好这些问题,探索出一条适合中国国情的先行法治化道路。在法律发展和法治建设中,存在两条比较基本、又相互区别的模式,即政府推进型与社会演进型。在二者的博弈和选择下,并紧密联系我国的现实,我们选择了一条政府推动与社会演进相结合并互动的路径。在这条道路上,没有相关法律依据和制度建设,先行法治化将步履维艰。事实也证明,长三角区域先行法治化的进程中,首先解决的也是立法的问题。法治先行必须首先要解决的是有法可依的问题。因此,先行法治化应立法先行。
[Abstract]:The rule of law is a gradual process, and the realization of a country ruled by law cannot be achieved overnight. Due to the vast territory of our country, the huge differences in conditions between the east and the west, and the serious imbalance in regional development, It is very difficult to implement a unified development standard of rule of law throughout the country. The construction of the rule of law in some economically developed areas has lagged behind economic development, and the local people are even less secure. The economic base determines the superstructure. The development of production always requires superstructure to remove obstacles, widen roads and provide system guarantee for its development. Therefore, we should and must explore new development theories and models of rule of law. "first ruling by law" means that the eastern region of China, on the basis of its economic and social "first development" and under the principle of the unification of national legal system, takes the lead in promoting the rule of law in the region. The realization of a country ruled by law has a period of time and a regional imbalance. It is entirely possible and necessary to take the lead in realizing the goal of a country governed by law in areas with relatively developed social and economic conditions. The first signs of the rule of law in the "Yangtze River Delta" region tell us that the rule of law in advance is an effective way to achieve the rule of law in a country ruled by law. There is a lot of room for growth in the soil of our country's actual national conditions. However, due to the relative lack of the theory of rule of law in advance, the experience in the construction of the rule of law is relatively insufficient. Some unexpected problems inevitably arise in the process of leading the rule of law in some places. For example, the local legislative structure is unbalanced, the political system reform is relatively backward, the government functions are not in place, and the judicial system is not perfect. Therefore, we must face and solve these problems well, and explore a way to rule by law that is suitable for China's national conditions. In the development of law and the construction of the rule of law, there are two relatively basic and different models, that is, the type of government advancing and the type of social evolution, under the game and choice of the two, and in close connection with the reality of our country, We have chosen a path in which the government promotes and interacts with the evolution of society. On this road, there is no relevant legal basis and institutional construction, and the rule of law in advance will be difficult. Facts have also proved that, In the process of the rule of law in the Yangtze River Delta region, the first problem to be solved is the legislation. The first thing that the rule of law must solve is that there are laws to be followed. Therefore, the leading rule of law should be legislated first.
【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

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