以人为本的法治观研究

发布时间：2018-07-09 11:45

本文选题：以人为本 + 法治观　；参考：《淮北师范大学》2011年硕士论文

【摘要】：中国的法治进程在不断地向前推进,法治建设取得了丰硕的成果。但是,在法治实践中仍然存在着一些问题,这些问题亟待分析和解决。而如果对这些问题进行追根溯源,就不难发现症结还是在于我们持一个什么样的法治观。党的十六届三中全会提出了“以人为本”的科学发展观。这具有很重大的指导意义。有不少学者对如何用以人为本的观念指导我国法治实践做了初步探讨,但是大部分都是围绕于某一方面进行的,缺乏系统和深入论证。因此,明确提出、深入分析“以人为本”的法治观,赋予其准确、丰富的内涵以便更好地指导法治实践具有非常重要的现实意义和理论价值。本文共分为以下四个部分: 第一部分:以人为本观念的内涵诠释。论证、分析了以人为本的文化渊源、理论借鉴和理论基础,通过对比当代以人为本与西方人本主义、我国传统的民本思想,总结了当代以人为本观念的内涵,为我们更深刻理解以人为本的法治观奠定了基础。第二部分:以人为本的法治观的概论。首先对以人为本的法治观的内涵进行了分析和界定;在明确其内涵的基础上,强调人权至上、良法治国和法律权威是其指导原则,并论证了人民主权理论、马克思关于人与法的理论和现代法治理论是其理论基础。第三部分:以人为本:我国法治发展的时代诉求。首先从人与法的关系入手,论证了以人为本是社会主义法律的根本价值取向;接着通过分析我国社会转型时期的主要矛盾,指出以人为本的法治观在社会转型时期的重要价值;对以人为本与依法治国方略的关系作了深入探讨,明确了以人为本在依法治国方略中的地位和作用。第四部分:以人为本的法治观在我国法治实践中的实现与转化。从微观上具体分析了当今我国法治实践中存在的与以人为本法治观相悖的地方,论证了如何在以人为本的法治观的指导下解决这些问题,如何在法治实践中贯彻以人为本的法治观。
[Abstract]:The process of rule of law in China is advancing continuously, and the construction of rule of law has achieved fruitful results. However, there are still some problems in the practice of rule of law, which need to be analyzed and solved urgently. If these problems are traced back to the source, it is not difficult to find the crux of the problem lies in what we hold to a view of the rule of law. The third Plenary session of the 16th CPC Central Committee put forward the scientific development concept of "people-oriented". This is of great guiding significance. Many scholars have made a preliminary discussion on how to use the people-oriented concept to guide the practice of rule of law in our country, but most of them are carried out around a certain aspect, lacking of systematic and in-depth argumentation. Therefore, it is clearly proposed that it is of great practical significance and theoretical value to analyze the "people-oriented" view of the rule of law in depth and endow it with accurate and rich connotations in order to better guide the practice of the rule of law. This article is divided into the following four parts: the first part: the connotation of the concept of people-oriented interpretation. This paper analyzes the cultural origin, theoretical reference and theoretical basis of people-oriented, and summarizes the connotation of contemporary people-oriented concept by comparing contemporary people-oriented and western humanism, traditional people-oriented thought of our country. It has laid the foundation for us to understand more deeply the view of rule of law of people-oriented. The second part: an introduction to the view of people-oriented rule of law. Firstly, the connotation of the people-oriented view of rule of law is analyzed and defined, and on the basis of defining its connotation, the author emphasizes the supremacy of human rights, the rule of good law and the authority of law are its guiding principles, and demonstrates the theory of people's sovereignty. Marx's theory on man and law and modern rule of law are its theoretical basis. The third part: people-oriented: the development of the rule of law in China. Starting with the relationship between people and law, this paper demonstrates that people-oriented is the fundamental value orientation of socialist law, and then points out the important value of people-oriented view of rule of law in the period of social transformation by analyzing the main contradictions in the period of social transformation. This paper probes into the relationship between people-oriented and the strategy of governing the country according to law, and clarifies the position and function of people-oriented in the strategy of governing the country according to law. The fourth part: the realization and transformation of the people-oriented view of the rule of law in the practice of our country's rule of law. In this paper, the author analyzes the existing problems in the practice of the rule of law in our country from the microcosmic point of view, and demonstrates how to solve these problems under the guidance of the people-oriented view of the rule of law. How to carry out the people-oriented view of the rule of law in the practice of rule of law.
【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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