基层政法型秩序运行的社会成本
发布时间：2018-08-21 10:25
【摘要】：本文从技术辩证的视角出发，将研究范围着眼于改革开放的三十年间，以国家政法理念的演变与政法工作的基层经验为考察对象，探寻基层社会自主治理模式的发展与国家在不同阶段所采取的政法策略。在此基础上，分析政法机关如何在正式制度的框架中运作案件，以使裁判结果隐藏了两造争议的实质性过程，并以“枫桥经验”为例证，分析曾长期主导基层政法工作的斗争哲学。基于实例的验证，研究了政法领域的宏观制度设计遭遇微观的非正式制度实践之时出现的种种困境，针对这些困境形成的因素，本文给出了两种历史解释，以论证从私权保护的理念建构起法治共识的必要性，最终放弃斗争哲学，复苏人文精神，，实现从政法国家向法治社会的平稳转型。
[Abstract]:From the perspective of technology dialectics, this paper focuses on the research scope of the 30 years of reform and opening up, taking the evolution of the concept of national politics and law and the grass-roots experience of political and legal work as the object of investigation. To explore the development of grass-roots social autonomous governance model and the political and legal strategies adopted by the state in different stages. On this basis, this paper analyzes how the political and legal organs operate cases within the framework of the formal system, so that the adjudication results hide the substantive process of the two disputes, and take the "Maple Bridge experience" as an example. To analyze the philosophy of struggle that has long dominated the work of politics and law at the grassroots level. Based on the verification of examples, this paper studies the difficulties in the macro system design in the field of political law and law when it encounters the micro informal institutional practice. In view of the factors that form these difficulties, this paper gives two historical explanations. In order to demonstrate the necessity of constructing the consensus of rule by law from the concept of private right protection, we should finally give up the philosophy of struggle, revive the humanistic spirit, and realize the smooth transition from the country of politics and law to the society ruled by law.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
本文编号：2195411
[Abstract]:From the perspective of technology dialectics, this paper focuses on the research scope of the 30 years of reform and opening up, taking the evolution of the concept of national politics and law and the grass-roots experience of political and legal work as the object of investigation. To explore the development of grass-roots social autonomous governance model and the political and legal strategies adopted by the state in different stages. On this basis, this paper analyzes how the political and legal organs operate cases within the framework of the formal system, so that the adjudication results hide the substantive process of the two disputes, and take the "Maple Bridge experience" as an example. To analyze the philosophy of struggle that has long dominated the work of politics and law at the grassroots level. Based on the verification of examples, this paper studies the difficulties in the macro system design in the field of political law and law when it encounters the micro informal institutional practice. In view of the factors that form these difficulties, this paper gives two historical explanations. In order to demonstrate the necessity of constructing the consensus of rule by law from the concept of private right protection, we should finally give up the philosophy of struggle, revive the humanistic spirit, and realize the smooth transition from the country of politics and law to the society ruled by law.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D90
【参考文献】
相关期刊论文 前1条
1 苏力;;法律人自身的问题[J];北方法学;2011年04期
本文编号：2195411
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