论马克思主义法学中国化的特色及其实现方式
发布时间：2018-10-13 12:47
【摘要】：马克思主义法学是在马克思主义世界观和方法论的指导下不断丰富和发展起来的法学理论体系;它具有科学性、实践性的理论品质。马克思主义法学中国化,就是运用马克思主义法学的基本原理、立场、观点和方法同中国革命与建设、特别是同当代中国的民主与法治建设紧密结合,立足中国国情而形成中国特色社会主义法学理论体系的过程,是理论与实践的结合,具有具体化、民族化、大众化和创新性的特色。 马克思主义法学在其中国化过程之中,以自己本学科的特点,以革命法制和社会建设法治为主要内容,有力的促进了社会主义革命的胜利和社会的建设,形成了中国特色社会主义法学。马克思主义法学中国化的实现是必然的,因为具备了发展的历史条件。 实现马克思主义法学中国化,一方面要对社会实际进行调查研究,掌握马克思主义法学理论与中国社会实际问题的结合情况,透析马克思主义法学指导中国实践的实际效果,通过实践中运用、总结,再实践、再总结而发陈出新;另一方面要清除对马克思主义法学的教条式理解、错误附加和任意解读,对于不适合当代中国实际的马克思主义经典作家针对某些特定情形的理论判断予以舍弃,明确马克思主义法学的革命法制理论和社会建设法治理论适用情形的界限。 要坚持科学的态度应对主导思想的边缘化,看清和排除各种错误思想的干扰。坚决反对把马克思主义法学魔化的思想。要以正确的思想路线纠正教条主义错误,树立“解放思想、实事求是、与时俱进”的思想路线为根本指导原则。以实践做为产生、检验、发展法学理论的根本途径。合理地借鉴与吸收世界各国法律文明的优秀成果,以经过淬炼的有益成分不断充实法学理论。不断增强中国特色社会主义法学的民族特色。更深入的挖掘历代法律文明成果,去其糟粕、取其精华,对那些于今天的中国法治建设实际具有积极意义的成果加以合理利用。通过批判地继承,不断丰富中国特色社会主义法学的内容。 加大传播力度,实现科学理论的大众化。法学理论的传播要和宣传法律等普法运动结合起来。把中国特色社会主义法学的内容和要求通俗化、具体化、形象化,真正深入老百姓的生活,真正为广大群众所理解和掌握。培养和造就一支政治可靠、功底扎实、熟悉基层、善于运用群众语言进行理论阐释、理论宣讲和理论普及教育的人才队伍,加强对各级政府机关工作人员进行社会主义法治理念、精神的教育和普及。
[Abstract]:Marxist jurisprudence is a legal theory system which is enriched and developed under the guidance of Marxist world outlook and methodology, and it has scientific and practical theoretical quality. The Sinicization of Marxist jurisprudence is to use the basic principles, positions, views and methods of Marxist jurisprudence in close combination with the Chinese revolution and construction, especially with the construction of democracy and the rule of law in contemporary China. The process of forming the legal theory system of socialism with Chinese characteristics based on China's national conditions is the combination of theory and practice, with the characteristics of concretization, nationalization, popularization and innovation. In the process of Sinicization of Marxist jurisprudence, with the characteristics of its own discipline and the rule of law of revolution and social construction as the main content, Marxist law has been able to promote the victory of the socialist revolution and the construction of the society. Formed the socialist law with Chinese characteristics. The realization of Marxism law in China is inevitable, because it has the historical condition of development. In order to realize the Sinicization of Marxist jurisprudence, on the one hand, we should investigate and study the social reality, grasp the combination of Marxist jurisprudence theory and the practical problems of Chinese society, and analyze the practical effect of Marxist jurisprudence guiding China's practice. Through the application, summary, practice, and then summing up of the practice, and then making a new appearance in the past; on the other hand, it is necessary to eliminate the dogmatic understanding of Marxist jurisprudence, the addition of errors and the arbitrary interpretation of it. The classical Marxist writers who are not suitable for the reality of contemporary China should give up their theoretical judgment on certain specific situations and make clear the limits of the application of the theory of revolutionary legal system of Marxist jurisprudence and the theory of social construction of the rule of law. We should adhere to a scientific attitude and deal with the marginalization of leading ideas, and see clearly and eliminate the interference of all kinds of erroneous ideas. We are firmly opposed to the idea of enchanting Marxist jurisprudence. It is necessary to correct dogmatism with correct ideological line and set up the basic guiding principle of emancipating the mind, seeking truth from facts and keeping pace with the times. Take practice as the basic way to produce, test and develop the theory of law. To draw lessons from and absorb the outstanding achievements of legal civilization of various countries in the world reasonably, to enrich the legal theory with the useful ingredients after quenching. We will continue to strengthen the national characteristics of socialist jurisprudence with Chinese characteristics. Further excavate the achievements of legal civilization in the past dynasties, discard the dross, take the essence of it, and make rational use of those achievements which are of positive significance in the construction of the rule of law in China today. Through critically inheriting, continuously enriches the Chinese characteristic socialism law content. Strengthen the dissemination, realize the popularization of scientific theory. The dissemination of legal theory should be combined with the popularization of law such as publicity of law. The contents and requirements of the law of socialism with Chinese characteristics are popularized, concretized and visualized, so as to truly penetrate into the life of the common people and be understood and grasped by the broad masses. To cultivate and bring up a contingent of talented people who are politically reliable, have a solid foundation, are familiar with the basic level, are good at using mass language for theoretical interpretation, theoretical propaganda and theoretical popularization of education, Strengthen the socialist concept of the rule of law, spiritual education and popularization of government officials at all levels.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2268690
[Abstract]:Marxist jurisprudence is a legal theory system which is enriched and developed under the guidance of Marxist world outlook and methodology, and it has scientific and practical theoretical quality. The Sinicization of Marxist jurisprudence is to use the basic principles, positions, views and methods of Marxist jurisprudence in close combination with the Chinese revolution and construction, especially with the construction of democracy and the rule of law in contemporary China. The process of forming the legal theory system of socialism with Chinese characteristics based on China's national conditions is the combination of theory and practice, with the characteristics of concretization, nationalization, popularization and innovation. In the process of Sinicization of Marxist jurisprudence, with the characteristics of its own discipline and the rule of law of revolution and social construction as the main content, Marxist law has been able to promote the victory of the socialist revolution and the construction of the society. Formed the socialist law with Chinese characteristics. The realization of Marxism law in China is inevitable, because it has the historical condition of development. In order to realize the Sinicization of Marxist jurisprudence, on the one hand, we should investigate and study the social reality, grasp the combination of Marxist jurisprudence theory and the practical problems of Chinese society, and analyze the practical effect of Marxist jurisprudence guiding China's practice. Through the application, summary, practice, and then summing up of the practice, and then making a new appearance in the past; on the other hand, it is necessary to eliminate the dogmatic understanding of Marxist jurisprudence, the addition of errors and the arbitrary interpretation of it. The classical Marxist writers who are not suitable for the reality of contemporary China should give up their theoretical judgment on certain specific situations and make clear the limits of the application of the theory of revolutionary legal system of Marxist jurisprudence and the theory of social construction of the rule of law. We should adhere to a scientific attitude and deal with the marginalization of leading ideas, and see clearly and eliminate the interference of all kinds of erroneous ideas. We are firmly opposed to the idea of enchanting Marxist jurisprudence. It is necessary to correct dogmatism with correct ideological line and set up the basic guiding principle of emancipating the mind, seeking truth from facts and keeping pace with the times. Take practice as the basic way to produce, test and develop the theory of law. To draw lessons from and absorb the outstanding achievements of legal civilization of various countries in the world reasonably, to enrich the legal theory with the useful ingredients after quenching. We will continue to strengthen the national characteristics of socialist jurisprudence with Chinese characteristics. Further excavate the achievements of legal civilization in the past dynasties, discard the dross, take the essence of it, and make rational use of those achievements which are of positive significance in the construction of the rule of law in China today. Through critically inheriting, continuously enriches the Chinese characteristic socialism law content. Strengthen the dissemination, realize the popularization of scientific theory. The dissemination of legal theory should be combined with the popularization of law such as publicity of law. The contents and requirements of the law of socialism with Chinese characteristics are popularized, concretized and visualized, so as to truly penetrate into the life of the common people and be understood and grasped by the broad masses. To cultivate and bring up a contingent of talented people who are politically reliable, have a solid foundation, are familiar with the basic level, are good at using mass language for theoretical interpretation, theoretical propaganda and theoretical popularization of education, Strengthen the socialist concept of the rule of law, spiritual education and popularization of government officials at all levels.
【学位授予单位】：华侨大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
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