农民工法律意识代际差异研究

发布时间：2018-09-13 07:23

【摘要】：在“推动全社会树立法治意识”和“同步推进城乡法治建设”的过程中,农民工对法律意识的城乡趋同有着促进作用。近年来,随着新生代农民工数量的日益增加,新、老两代农民工在法律意识方面的差异也愈加显现。无论是从党和政府相关政策、制度的顶层设计来看,还是从农民工群体的内部结构分化和不同心理需求来看,结合相关理论及调研数据综合考察农民工法律意识代际差异的现状及主要特征、成因及变化趋势,并从推进城乡法治建设和法治社会建设的角度提出应对举措,力争在实践层面全面推进依法治国就显得尤具学理价值和现实意义。综合“法律意识"的内涵、结构等理论概念与农民工特有的情感体验和生活实际,依托文献与实证研究,通过“法律认知"、“法律情感”、“法律意志”三个维度的对比分析可以发现：当前新、老两代农民工在对法的运行过程、法的信服程度和对法律至上权威性的评价方面基本一致；新生代农民工在对法律条文、法定权利义务和法的作用的认知上,在对法律知识的需求、获取、运用特别是维权的途径和方式上,以及在法与其他规范冲突时和明知不合法时的行为选择上普遍优于老一代农民工;但仍有不少新生代农民工在“尊法”、“守法"和“用法”意识上同样呈现出老一代农民工所具有的“实用性”、“功利性”和“非自觉性”等特点。而个人的“知识文化水平”、“社会经济地位”、“政治参与经历”等主体自身因素以及“成长生活环境”、“农村传统文化"、“法治建设状况"等外部环境因素是上述差异产生的重要原因。随着这些因素的不断变化,新、老农民工之间法律意识的差异将逐步扩大、整个农民工内部法律意识的差异也将愈加显著。为应对上述变化,更好地实现“全面推进依法治国”,必须针对农民工法律意识的代际差异厘清培育引导的具体目标,采取针对性措施不断增强农民工的法律意识,更好地发挥农民工群体对同步推进城乡法治建设的促进作用;还要按照中央“四个全面”的战略布局,全面深化改革、不断完善外部发展环境特别是法治运行环境,逐步形成良好的法治社会氛围,促进农民工法律意识的全面提升,更好地实现“法治国家、法治政府、法治社会一体建设”。
[Abstract]:In the process of "promoting the whole society to establish the consciousness of the rule of law" and "promoting the construction of the rule of law in urban and rural areas simultaneously", migrant workers play a promoting role in the convergence of the legal consciousness between urban and rural areas. In recent years, with the increasing number of the new generation of migrant workers, the difference between the old and the old generation of migrant workers in the legal consciousness is becoming more and more obvious. Whether from the party and government related policies, the top design of the system, or from the internal structure differentiation and different psychological needs of migrant workers, Combined with relevant theories and survey data, this paper comprehensively examines the current situation and main characteristics, causes and trends of the legal consciousness of migrant workers, and puts forward countermeasures from the perspective of promoting the construction of the rule of law in urban and rural areas and the construction of a society ruled by law. It is of academic value and practical significance to push forward the rule of law in practice. Synthesizing the connotation, structure and other theoretical concepts of "legal consciousness" and the special emotional experience and life practice of migrant workers, relying on the literature and empirical research, through "legal cognition", "legal emotion", The contrastive analysis of the three dimensions of "legal will" can be found: at present, the new and old generations of migrant workers are basically consistent in the operating process of the law, the degree of conviction of the law and the authoritative evaluation of the supremacy of the law, and the new generation of migrant workers are basically in line with the provisions of the law. In recognition of the role of legal rights and obligations and the role of law, in the need for legal knowledge, access to, and use of rights, especially the ways and means, And generally superior to the older generation of migrant workers in the choice of behavior when the law and other norms are in conflict and when they know that it is illegal; but there are still many new generation of migrant workers "respecting the law". The consciousness of "abiding by the law" and "usage" also show the characteristics of "practicability", "utilitarianism" and "non-consciousness" of the old generation of migrant workers. The personal "level of knowledge and culture", "social and economic status", "political participation experience" and other main factors and "growing up living environment", The external environmental factors, such as rural traditional culture and construction of rule of law, are the important reasons for the above differences. With the continuous changes of these factors, the differences between the old and the old migrant workers' legal consciousness will gradually expand, and the differences of the whole migrant workers' internal legal consciousness will become more and more significant. In order to cope with the above changes and better realize "promoting the rule of law in an all-round way", we must clarify the specific objectives of cultivating and guiding the legal consciousness of migrant workers according to the intergenerational differences in their legal consciousness, and take targeted measures to continuously enhance the legal awareness of migrant workers. We should better give full play to the role of migrant workers in promoting the construction of the rule of law in urban and rural areas at the same time, and in accordance with the central "four comprehensive" strategic layout, comprehensively deepen the reform and constantly improve the external development environment, especially the operating environment of the rule of law. Gradually form a good social atmosphere of rule by law, promote the comprehensive promotion of migrant workers' legal consciousness, and better realize the "country ruled by law, the government ruled by law, the construction of society ruled by law".
【学位授予单位】：山西农业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D920.0;D412.6

【相似文献】