当代中国普法运动的回顾反思与完善对策
发布时间：2018-08-28 16:55
【摘要】：《左传》有云:刑不可知,则威不可测。可见先贤所理解之法律单纯的是统治人民的工具,并着重强调其强制性,然而这流传上千年的思想却与当今的法治理念背道而驰。马克思主义法哲学认为法律是通过调整人们的行为调整社会关系的社会规范,故其最基本的实施前提是公民知道法律并且认可法律。由此观之,当代中国依法治国的实现与否,其中关键的一个环节是普法程度强弱。纵观改革开放三十年,中国的普法是由普法运动牵头开展的,可以说普法运动进行的好坏直接决定着普法的成败,间接影响依法治国的实现。十八届四中全会再次强调依法治国的重要性,这不仅让法律人看到了久违的法治春苗,更是让人民群众对未来的法治环境及公平正义充满了期许与憧憬。然而前途一片光明,道路却依旧曲折,在法律运行的过程中,立法技术及实践经验有待提高,执法司法还欠缺应有的力度和监督体系,全民守法的理想还有待实现。自1986年“一五”普法至今,我国在立法、执法、司法环节不断推进的同时,守法现状却出现了种种令人费解的乱象。2016年“七五”普法如期而至,然而普法运动在绝大部分地区依然呈现着走形式摆过场的情况,公民对法律虽然有了一定的认知,然而却在守法与否问题的选择上依旧犹豫不决。纵观全国普法情况,绝大多数公民通过三十年普法运动已初步掌握了一定的法律常识,法律运行中的各个环节以及全社会的法治化管理水平都不是普法运动未开展前的中国可以比拟的。部分公民已经敢于向不法商家索要发票、在购物时寻找信息对称以防被卖方坑骗、很多公民甚至对刑法民法行政法的具体规定都有所掌握。由此可见,全社会的法治化管理水平已取得了骄人的成绩。然而当代中国的公民并不完全认同现有的法律,也不认为法律足以解决他们现实生活中的问题。联系实际情况,现实生活中,公民不遵守公共行为规则的现象比比皆是,更遑论将法律作为其毕生信仰予以追求与维护了。笔者认为,普法运动的成功绝不仅仅局限于法律知识的普及,其最终要求公民知法守法护法并敢于运用法律维护自我的合法权益。由此观之,普法运动虽然取得了不菲的成绩,然而却离其最终目标还相距甚远,全国和各级政府的大力投入与守法现状的尴尬窘况形成了鲜明的对比,普法流于形式,沦为“形象工程”,值得我们反思。如何在新常态下进行普法,怎样使普法效果达到预期设想以及通过何种方式改观传统普法运动中公民的被动消极态度成为了法律人当下面临的新考验。本文除去绪论与结语,证文内容总共分为五个部分,第一部分是三十年普法运动的同顾,从普法运动的概念与内涵入手,以全面审视的历史眼光从其产生和发展角度梳理普法运动走过的历程;第二部分是普法运动的成效,以客观的态度,对普法运动已经取得的成效进行力求全面的总结与归纳;第三部分是普法运动中存在的五大问题,笔者将结合大数据和周边采集数据就这五项问题的表现形式与反映逻辑做探寻分析,继而想办法找出产生这些问题的原因,以期摸索一套相应的普法思路与对策;第四部分围绕前文提出的问题,从传统历史、理论悖论以及现实情况三方面剖析其中的原因,刨根问底,发现制约我国普法运动发展的阻力所在;第五部分提出普法运动的新思路及相应策略,站在三十年普法运动成果及经验的基础上,对我国后三十年普法运动的发展与走向提出自己的思路与对策。该部分笔者首先就后三十年普法运动的发展方向提出三点新思路。然后从法律运行的的角度着重就立法、执法、司法三方面做针对性提议。最后从五个方面提出新时期普法运动的完竣对策,分别是强化政法机关法律形象塑造、改良普法宣传教育形式、创新普法运动传播手段、加强公民法律利用能力的培养以及健全媒体公益普法制度。通过调查与研究,笔者深刻的认识到普法运动的开展绝非一朝一夕之事,而是一项漫长且艰巨的工作,需要全国各级政府牵头全民参与并坚持不懈的为之奋斗。笔者本着抛砖引玉的行文态度,希望能够激励更多的法律人为中国的普法发展建言献策,帮助我国后三十年的普法运动找到正确的开展方式与发展方向,为最终实现依法治国的中国梦奠定深厚的群众基础与法治环境。
[Abstract]:"Zuo Zhuan" has a cloud: punishment is unknown, it is impossible to measure. It can be seen that the predecessors understood the law is simply a tool to rule the people, and emphasized its compulsory, but this thought spread for thousands of years is contrary to today's concept of the rule of law. Marxist philosophy of law holds that law is a society that adjusts social relations by adjusting people's behavior. From this point of view, the key link in the realization of the rule of law in contemporary China is the degree of popularization of law. The Fourth Plenary Session of the 18th CPC Central Committee emphasized the importance of ruling the country according to law again, which not only let the legal person see the spring seedlings of the long-lost rule of law, but also let the people have full expectations and expectations for the future environment of rule of law and fairness and justice. Tortuous, in the process of law operation, legislative technology and practical experience to be improved, law enforcement and justice is still lack of due strength and supervision system, the ideal of law-abiding by the whole people has yet to be realized. In 2016, the "Seventh Five-Year Plan" law popularization came as scheduled. However, the Law Popularization Movement in most parts of the country still took the form of passing the stage. Although citizens have a certain understanding of the law, they still hesitate to choose whether to abide by the law or not. Some citizens have dared to ask illegal businessmen for invoices, find information symmetry in shopping to avoid being cheated by sellers, and many citizens are even right. From this we can see that the whole society has made remarkable achievements in the management of the rule of law. However, the citizens of contemporary China do not fully agree with the existing laws and do not think that the laws are sufficient to solve their problems in real life. The author believes that the success of the law popularization movement is not confined to the popularization of legal knowledge, but requires citizens to know and abide by the law and dare to use the law to safeguard their legitimate rights and interests. Nevertheless, great achievements have been made, but far from its ultimate goal. The vigorous investment of the whole country and governments at all levels has formed a sharp contrast with the embarrassing situation of law-abiding status quo. Law popularization has become a mere formality and a "project of image", which deserves our reflection. Besides the introduction and conclusion, the content of the testimony can be divided into five parts. The first part is a review of the 30-year law-popularization movement. Starting from the concept and connotation of the law-popularization movement, this paper examines the historical perspective comprehensively. The second part is the results of the movement, with an objective attitude, to sum up and summarize the achievements of the movement; the third part is the five problems existing in the movement, the author will combine the large data and peripheral data collection on this five-year plan. The manifestations and reflective logic of the item question are explored and analyzed, and then the causes of these problems are found out, with a view to finding a set of corresponding ideas and Countermeasures for popularizing law. The fourth part analyzes the reasons from three aspects: the traditional history, the theoretical paradox and the actual situation, and finds out the restrictions on me. In the fifth part, the author puts forward the new ideas and corresponding strategies for the development of the movement of popularizing law in China. On the basis of the achievements and experiences of the movement of popularizing law in the last 30 years, the author puts forward his own ideas and Countermeasures for the development and trend of the movement of popularizing law in China. Three new ideas are put forward. Then from the angle of law operation, specific proposals are made on legislation, law enforcement and judicature. Finally, the author puts forward the complete Countermeasures of the Law Popularization Movement in the new period from five aspects, namely, strengthening the shaping of the legal image of the political and legal organs, improving the forms of law popularization and education, innovating the means of law popularization and strengthening citizens'law popularization. Through investigation and research, the author deeply realizes that the development of the law popularization movement is not a matter of overnight, but a long and arduous work, which requires the government at all levels to take the lead of the whole people to participate in and persevere in the struggle for it. It is hoped that more and more lawyers will be encouraged to offer suggestions and suggestions for the development of law popularization in China, help the Law Popularization Movement in the last 30 years find the right way to carry out and develop, and lay a solid mass foundation and legal environment for the ultimate realization of the dream of ruling the country by law.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
本文编号：2210000
[Abstract]:"Zuo Zhuan" has a cloud: punishment is unknown, it is impossible to measure. It can be seen that the predecessors understood the law is simply a tool to rule the people, and emphasized its compulsory, but this thought spread for thousands of years is contrary to today's concept of the rule of law. Marxist philosophy of law holds that law is a society that adjusts social relations by adjusting people's behavior. From this point of view, the key link in the realization of the rule of law in contemporary China is the degree of popularization of law. The Fourth Plenary Session of the 18th CPC Central Committee emphasized the importance of ruling the country according to law again, which not only let the legal person see the spring seedlings of the long-lost rule of law, but also let the people have full expectations and expectations for the future environment of rule of law and fairness and justice. Tortuous, in the process of law operation, legislative technology and practical experience to be improved, law enforcement and justice is still lack of due strength and supervision system, the ideal of law-abiding by the whole people has yet to be realized. In 2016, the "Seventh Five-Year Plan" law popularization came as scheduled. However, the Law Popularization Movement in most parts of the country still took the form of passing the stage. Although citizens have a certain understanding of the law, they still hesitate to choose whether to abide by the law or not. Some citizens have dared to ask illegal businessmen for invoices, find information symmetry in shopping to avoid being cheated by sellers, and many citizens are even right. From this we can see that the whole society has made remarkable achievements in the management of the rule of law. However, the citizens of contemporary China do not fully agree with the existing laws and do not think that the laws are sufficient to solve their problems in real life. The author believes that the success of the law popularization movement is not confined to the popularization of legal knowledge, but requires citizens to know and abide by the law and dare to use the law to safeguard their legitimate rights and interests. Nevertheless, great achievements have been made, but far from its ultimate goal. The vigorous investment of the whole country and governments at all levels has formed a sharp contrast with the embarrassing situation of law-abiding status quo. Law popularization has become a mere formality and a "project of image", which deserves our reflection. Besides the introduction and conclusion, the content of the testimony can be divided into five parts. The first part is a review of the 30-year law-popularization movement. Starting from the concept and connotation of the law-popularization movement, this paper examines the historical perspective comprehensively. The second part is the results of the movement, with an objective attitude, to sum up and summarize the achievements of the movement; the third part is the five problems existing in the movement, the author will combine the large data and peripheral data collection on this five-year plan. The manifestations and reflective logic of the item question are explored and analyzed, and then the causes of these problems are found out, with a view to finding a set of corresponding ideas and Countermeasures for popularizing law. The fourth part analyzes the reasons from three aspects: the traditional history, the theoretical paradox and the actual situation, and finds out the restrictions on me. In the fifth part, the author puts forward the new ideas and corresponding strategies for the development of the movement of popularizing law in China. On the basis of the achievements and experiences of the movement of popularizing law in the last 30 years, the author puts forward his own ideas and Countermeasures for the development and trend of the movement of popularizing law in China. Three new ideas are put forward. Then from the angle of law operation, specific proposals are made on legislation, law enforcement and judicature. Finally, the author puts forward the complete Countermeasures of the Law Popularization Movement in the new period from five aspects, namely, strengthening the shaping of the legal image of the political and legal organs, improving the forms of law popularization and education, innovating the means of law popularization and strengthening citizens'law popularization. Through investigation and research, the author deeply realizes that the development of the law popularization movement is not a matter of overnight, but a long and arduous work, which requires the government at all levels to take the lead of the whole people to participate in and persevere in the struggle for it. It is hoped that more and more lawyers will be encouraged to offer suggestions and suggestions for the development of law popularization in China, help the Law Popularization Movement in the last 30 years find the right way to carry out and develop, and lay a solid mass foundation and legal environment for the ultimate realization of the dream of ruling the country by law.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0
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1 刘恒炜;当代中国普法运动的回顾反思与完善对策[D];广西师范大学;2017年
，本文编号：2210000
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