当代中国社会法律信仰培育路径研究
发布时间：2018-08-03 09:39
【摘要】：深入贯彻落实“依法治国”的基本方略,加快建设社会主义法治国家,不仅是社会主义市场经济发展的客观需要,也是我国社会文明发展的必然选择。而法律信仰则是法治的灵魂,是其重要的思想构建和心理基础。中国共产党十八届四中全会提出“法律的权威源自于人民的内心拥护和真诚信仰”,明确肯定了社会主义法律信仰在构建社会主义法治体系,建设法治国家中的基础性地位。但就我国的目前状况来看,社会主义法律信仰的建立还任重道远,社会整体法治意识还比较淡薄,法治文化氛围还远未形成,法的基本价值和法治精神还得不到社会主体的普遍拥护。所以,法律信仰不足是当前我国法治建设首先必须重视和解决的问题,培育法律信仰是我国建设中国特色社会主义法治国家的重要任务。中西方社会背景的差异决定了中国和西方发达国家对于法律信仰的认知差别,法律信仰起源于西方,伯尔曼的著作《法律与宗教》通过阐述法律与宗教的关系提出“法律必须被信仰,否则形同虚设”的著名论断,之后在《法律与革命》中提出以对法律的信仰解决西方传统法律危机;20世纪90年代法律信仰传入中国,随着中国社会主义市场经济的发展,学界从不同角度展开了对法律信仰的讨论,现在研究多集中在法律信仰价值分析和培育路径探讨两个层面,且多为一般学理意义上的阐释,为研究法律信仰的意义和培育之必要性提供了丰富的理论依据,但是多数研究缺少直接以当代中国社会主义法律信仰为对象的实证性研究,反之,打开了以实践为目的的研究法律信仰培育路径的新思路。法律信仰是社会主体对体现人类最高价值的法律和依法治理方式的一种理性的、自觉的把握,是心理状态和行为状态的有机统一。法律作为被信仰的对象因其具备自由-人权性、效率-利益性和保障-救济性,实质上,法律信仰的对象是法律的精神,法律信仰的形成是一个漫长的过程;我国的法治进程走过了一条曲折的道路:建国初法制建设刚起步,法治仍旧处于人治之下;改革开放之后,文化大革命悲剧的发生造成法制体系雏形崩溃;1992年以后到现在,中国进入法治建设的重要阶段,法律信仰被作为大众追求的价值观和理想,对建设中国特色社会主义法治体系具有重要意义;培育法律信仰是构建社会主义法治体系的必然要求,是保证其高效运行的重要条件,同时对增强公民法律意识具有重要作用。在法治实践过程中仍存在诸多问题,导致我国法律信仰不足。主要表现在立法、执法、司法和守法四个方面,公民对立法产品感到陌生,权利驾驭在法律之上的现象经常发生,执法和司法活动丧失公信力并缺乏严格有效的监督等等都是我国法律信仰不足的表现,其中既有历史原因也有现实因素,历史上受我国长期自给自足的自然经济和传统法律文化的影响,现实因素包括当今法治环境不完善、法律宣传教育不到位和对法律信仰理论认识不足等原因。培育我国公民的法律信仰,必须从本土文化和环境出发,利用我国传统道德的主导作用引导公民向以法律信仰为追求的转化,最主要的是加强法制建设在立法、执法、司法等方面的强度,同时做好法制宣传和教育的工作,改变粗放单一的普法模式,除此之外,大力发展社会主义市场经济,为培育公民信仰创造有利的实施环境。实现中国社会的法律信仰对构建社会主义和谐社会具有重要的意义。
[Abstract]:It is not only an objective need for the development of socialist market economy, but also an inevitable choice for the development of social civilization in our country. The legal belief is the soul of the rule of law, and its important thinking and thinking construction and psychological foundation. The eighteen session of the Communist Party of China four The Central Committee proposed that the authority of the law originates from the inner support and sincere belief of the people, and clearly affirms the basic position of the socialist legal belief in building a socialist legal system and building a country under the rule of law. However, as far as the current state of our country is concerned, the establishment of the socialist legal belief is still a long way to go, and the whole society is governed by the rule of law. The cultural atmosphere of the rule of law is still far from being formed. The basic value of law and the spirit of the rule of law can not be widely supported by the social subject. Therefore, the lack of legal belief is the first problem that we must attach importance to and solve in the construction of the rule of law in China. The difference between the Chinese and western social backgrounds determines the cognitive differences between China and the developed countries in the West. The legal belief originates in the West. Berman's works "law and religion", by expounding the relationship between law and religion, put forward a famous argument that "law must be believed, otherwise the form is empty", and then in the law and revolution. It is proposed to solve the western traditional legal crisis with the belief in the law. In 1990s, the legal belief was introduced into China. With the development of the Chinese socialist market economy, the academic circles started the discussion of the legal belief from different angles. Now the research is mainly focused on the analysis of the value analysis of the legal belief and the cultivation path of the two aspects, and most of them are general. The interpretation in the sense of theory provides a rich theoretical basis for the study of the significance of legal belief and the necessity of cultivation, but most of the studies lack empirical research on the socialist legal belief of contemporary China. On the contrary, it opens a new train of thought for the study of the cultivation of legal belief. A rational and conscious grasp of the law and the way of governance that embodies the highest value of human beings is the organic unity of the state of mind and the state of behavior. As the object of faith, the law is the object of the law as the object of freedom, human rights, efficiency, benefit and guarantee. In essence, the object of the legal belief is the spirit of the law. The formation of the law belief is a long process, and the process of the rule of law in China has gone through a tortuous road: the construction of the legal system at the beginning of the founding of the people's Republic of China has just started and the rule of law is still under the rule of man. After the reform and opening up, the tragedy of the Cultural Revolution resulted in the collapse of the legal system. Since 1992, China has entered an important stage of the construction of the rule of law. As the values and ideals pursued by the masses, legal beliefs are of great significance to the construction of a socialist legal system with Chinese characteristics, and the cultivation of legal beliefs is an inevitable requirement for building a socialist system of rule of law, an important condition for ensuring its efficient operation, and an important role in strengthening the legal consciousness of the public and the people. There are still many problems in the course, which leads to the lack of legal belief in our country, which is mainly manifested in four aspects of legislation, law enforcement, judicial and law abiding, the citizens are strange to the legislative products, the right to control the law is often happening, the loss of public trust in law enforcement and judicial activities and the lack of strict and effective supervision are all the legal beliefs of our country. The performance of the foot has both historical and realistic factors. History is influenced by our country's long-term self-sufficient natural economy and traditional legal culture. The realistic factors include the reasons for the imperfect environment of the rule of law, the lack of legal propaganda and education and the lack of understanding of the theory of legal belief. Starting from the local culture and environment, using the dominant role of Chinese traditional morality to guide the transformation of citizens to the pursuit of legal belief, the most important thing is to strengthen the strength of legal construction in legislation, law enforcement, judicature and so on. At the same time, we should do a good job of legal publicity and education, change the unitary and unitary mode of universal law, in addition, vigorously develop the society. The market economy will create a favorable environment for the cultivation of citizens' belief, and the realization of the legal belief of Chinese society is of great significance to the construction of a socialist harmonious society.
【学位授予单位】：西安理工大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
本文编号：2161341
[Abstract]:It is not only an objective need for the development of socialist market economy, but also an inevitable choice for the development of social civilization in our country. The legal belief is the soul of the rule of law, and its important thinking and thinking construction and psychological foundation. The eighteen session of the Communist Party of China four The Central Committee proposed that the authority of the law originates from the inner support and sincere belief of the people, and clearly affirms the basic position of the socialist legal belief in building a socialist legal system and building a country under the rule of law. However, as far as the current state of our country is concerned, the establishment of the socialist legal belief is still a long way to go, and the whole society is governed by the rule of law. The cultural atmosphere of the rule of law is still far from being formed. The basic value of law and the spirit of the rule of law can not be widely supported by the social subject. Therefore, the lack of legal belief is the first problem that we must attach importance to and solve in the construction of the rule of law in China. The difference between the Chinese and western social backgrounds determines the cognitive differences between China and the developed countries in the West. The legal belief originates in the West. Berman's works "law and religion", by expounding the relationship between law and religion, put forward a famous argument that "law must be believed, otherwise the form is empty", and then in the law and revolution. It is proposed to solve the western traditional legal crisis with the belief in the law. In 1990s, the legal belief was introduced into China. With the development of the Chinese socialist market economy, the academic circles started the discussion of the legal belief from different angles. Now the research is mainly focused on the analysis of the value analysis of the legal belief and the cultivation path of the two aspects, and most of them are general. The interpretation in the sense of theory provides a rich theoretical basis for the study of the significance of legal belief and the necessity of cultivation, but most of the studies lack empirical research on the socialist legal belief of contemporary China. On the contrary, it opens a new train of thought for the study of the cultivation of legal belief. A rational and conscious grasp of the law and the way of governance that embodies the highest value of human beings is the organic unity of the state of mind and the state of behavior. As the object of faith, the law is the object of the law as the object of freedom, human rights, efficiency, benefit and guarantee. In essence, the object of the legal belief is the spirit of the law. The formation of the law belief is a long process, and the process of the rule of law in China has gone through a tortuous road: the construction of the legal system at the beginning of the founding of the people's Republic of China has just started and the rule of law is still under the rule of man. After the reform and opening up, the tragedy of the Cultural Revolution resulted in the collapse of the legal system. Since 1992, China has entered an important stage of the construction of the rule of law. As the values and ideals pursued by the masses, legal beliefs are of great significance to the construction of a socialist legal system with Chinese characteristics, and the cultivation of legal beliefs is an inevitable requirement for building a socialist system of rule of law, an important condition for ensuring its efficient operation, and an important role in strengthening the legal consciousness of the public and the people. There are still many problems in the course, which leads to the lack of legal belief in our country, which is mainly manifested in four aspects of legislation, law enforcement, judicial and law abiding, the citizens are strange to the legislative products, the right to control the law is often happening, the loss of public trust in law enforcement and judicial activities and the lack of strict and effective supervision are all the legal beliefs of our country. The performance of the foot has both historical and realistic factors. History is influenced by our country's long-term self-sufficient natural economy and traditional legal culture. The realistic factors include the reasons for the imperfect environment of the rule of law, the lack of legal propaganda and education and the lack of understanding of the theory of legal belief. Starting from the local culture and environment, using the dominant role of Chinese traditional morality to guide the transformation of citizens to the pursuit of legal belief, the most important thing is to strengthen the strength of legal construction in legislation, law enforcement, judicature and so on. At the same time, we should do a good job of legal publicity and education, change the unitary and unitary mode of universal law, in addition, vigorously develop the society. The market economy will create a favorable environment for the cultivation of citizens' belief, and the realization of the legal belief of Chinese society is of great significance to the construction of a socialist harmonious society.
【学位授予单位】：西安理工大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
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