马克思主义法制思想视域下中国法治建设思想探析

发布时间：2018-07-14 09:52

【摘要】：新中国成立后,中国法制建设经历了一个漫长、曲折的过程。在马克思主义经典作家法制思想的指引下,经过党的三代领导人不懈的努力中国的法制建设日趋完善,取得了巨大的成就,并且实现了“法制”向“法治”的飞跃,即法制的现代化,使中国走向了依法治国的道路。但是,随着中国社会的快速发展,尤其是当下中国处在由计划经济向市场经济、传统社会向现代社会转型期,新的挑战、困难、矛盾、问题并存,法治建设的环境和社会基础依然薄弱。虽然我国的立法制度、体制日趋健全,法律体系日益完善,但立法的内容仍缺乏统一性,协调性；就执法建设而言,由于执法队伍整体素质偏低,有法不依、执法不严、违法不究现象时有发生,人治的色彩依然存在；近年来,我国司法部门积极推进司法体制改革,但由于中国政治体制改革滞后,司法难以独立,枉法裁判依然存在,使宪法和法律的权威降低,阻碍了法治建设的进程。因此,法治建设的思想还要在转型期社会发展的实践中继续丰富、发展和完善。中国社会主义现代化建设以马克思主义理论为指导思想,中国法治建设是中国特色社会主义现代化建设的重要组成部分之一,是政治文明建设的关键环节。因此,中国的法治建设必须以马克思主义理论为指导,尤其是马克思主义经典作家法制思想的指引。本文就是以马克思主义经典作家的法制思想为理论视域,深入研究利用马克思主义经典作家法制思想的精髓,结合中国法制建设道路上的经验和教训及当下中国社会转型新特征对法治的诉求,探析中国法治建设思想。从而有效地指导中国法治建设健康、稳定的发展,促进法治国家的实现。
[Abstract]:After the founding of New China, China's legal system has undergone a long and tortuous process. Under the guidance of the legal thought of the classical Marxist writers, through the unremitting efforts of the three generations of the Party's leaders, China's legal construction has become more and more perfect, and great achievements have been made, and the leap from "legal system" to "ruling by law" has been realized. That is, the modernization of the legal system, China has moved towards the road of governing the country according to law. However, with the rapid development of Chinese society, especially at present China is in the transition period from planned economy to market economy, traditional society to modern society, new challenges, difficulties, contradictions and problems coexist. The environment and social foundation for the construction of the rule of law are still weak. Although the legislative system of our country is becoming more and more perfect, the legal system is becoming increasingly perfect, but the content of the legislation is still lacking in unity and coordination. In terms of law enforcement construction, the overall quality of the law enforcement team is on the low side, the law is not obeyed, and the law enforcement is not strictly enforced. In recent years, the judicial departments of our country have actively promoted the reform of the judicial system, but due to the lagging behind of the reform of the Chinese political system, it is difficult for the judiciary to be independent, and the judgment of perverting the law still exists. To reduce the authority of the Constitution and the law, hindered the process of building the rule of law. Therefore, the thought of building the rule of law must continue to enrich, develop and perfect in the practice of social development in the transition period. The construction of China's socialist modernization is guided by Marxist theory. The construction of China's rule of law is one of the important components of the construction of socialist modernization with Chinese characteristics and the key link of the construction of political civilization. Therefore, the construction of the rule of law in China must be guided by Marxist theory, especially the legal thought of Marxist classical writers. This paper takes the legal thought of the classical Marxist writer as the theoretical perspective, and makes a thorough study of the essence of the legal thought of the classical Marxist writer. Based on the experience and lessons in the construction of Chinese legal system and the demand for the rule of law from the new features of the social transformation in China, this paper probes into the thought of the construction of the rule of law in China. Thus effectively guide the construction of the rule of law in China healthy and stable development, promote the realization of the country ruled by law.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0

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