唯物史观视野下的“以人为本”法律观研究
发布时间：2018-10-18 19:11
【摘要】：作为人,能拥有自由的权利,实现人的全面发展,是全人类的共同理想。法律追求正义、公平、平等、自由等价值,它的核心诉求归根到底是为了保障和实现人权。西方的人文主义从古希腊起源,经文艺复兴发展到现代,无时无刻不体现着人文精神。中国古代有民本思想,近代有无数人文志士努力将西方民主民权思想传入中国,而最后是“十月革命一声炮响给中国人民送来了马克思主义”。随着新中国的建立、发展,一代代党的领导人将马克思主义思想与中国的现实国情相结合,并不断创新。新世纪伊始我国提出的“以人为本”的科学发展观,就是以马克思主义为指导思想的创新理念。“以人为本”法律观是以唯物史观为基础的法律理念:人作为法的目的与实践者,主体与评价者。将其作为指导思想引入我国的刑事诉讼立法中,从实体性的权利到程序性的救济,解决当前我国刑事诉讼立法领域出现的顽疾。从立法上有效防止作为弱势群体一方被告人的人身权财产权被公权力任意践踏,防止公权力的滥用。 全文共分五章,主要阐述了四个部分的内容,各部分主要内容如下: 第一部分为绪论,主要研究了文章的选题依据和研究的价值、研究的方法。 第二部分为“以人为本”法律观的哲学基础与理论渊源。主要分为两节,第一节解析该法律思想的哲学基础——唯物史观。第二节探寻“以人为本”法律观的理论渊源,从马克思、恩格斯,列宁,毛泽东法律思想中的“以人为本”,到我国“以人为本”法律观的提出(邓小平法律思想中对人权、民主与法制等问题的阐述),发展(江泽民的“三个代表”思想载入宪法和04年宪法修正案确立“国家尊重与保障人权”),思想体系的正式建立(“以人为本”科学发展观中社会主义法治理念的提出)。 第三部分具体阐述“以人为本”法律观的内容和要求。主要论述人是法律的目的与实践者,主体与评价者,从古至今法律的制定实施并不是一直遵循以人为本位的,而是有一个异化到回归的过程。论述我国传统法律理念的滞后性,并提出具体实施“以人为本”法律理念的主要路径。 第四部分重点剖析我国“以人为本”法律观的适用——以刑事被告人权利的立法保障为例。主要论述我国刑事诉讼立法中对被告人权利保障的缺失,并提出用“以人为本”的法律观念来引导我国刑事诉讼立法的必要性及其具体做法,以限制公权力的扩张与滥用,充分维护作为弱势方的被告人的权利,实现社会的和谐发展。
[Abstract]:As human beings, it is the common ideal of all mankind to have the right of freedom and to realize the all-round development of human beings. The law pursues the values of justice, fairness, equality and freedom. Its core demand is to protect and realize human rights in the final analysis. Western humanism originated from ancient Greece and developed from Renaissance to modern. In ancient China, there were people-oriented thoughts, and in modern times, countless people with humanistic ideals tried hard to introduce western democratic and civil rights thoughts into China, and finally, "the October Revolution sent Marxism to the Chinese people." With the establishment and development of the new China, the leaders of the Party for generations have combined the Marxist thought with the reality of China and innovated constantly. At the beginning of the new century, our country put forward the "people-oriented" concept of scientific development, which is an innovative idea guided by Marxism. "People-oriented" legal concept is a legal concept based on historical materialism: human being is the purpose and practice of law, subject and evaluator. It is introduced into the criminal procedure legislation of our country as the guiding ideology, from substantive right to procedural relief, to solve the intractable disease that appears in the field of criminal procedure legislation of our country at present. In legislation, the personal rights and property rights of the defendants of the vulnerable groups are effectively prevented from being trampled on arbitrarily by the public power and the abuse of the public power is prevented. The full text is divided into five chapters, mainly elaborated the content of four parts, the main contents of each part are as follows: the first part is the introduction, mainly studied the basis of the article and the value of the study, research methods. The second part is the philosophical basis and theoretical origin of the legal view of people-oriented. The first section analyzes the philosophical basis of this legal thought-historical materialism. The second section explores the theoretical origin of "people-oriented" legal view, from Marx, Engels, Lenin, Mao Zedong's legal thought "people-oriented" to China's "people-oriented" legal concept (Deng Xiaoping's legal thought on human rights. Development (Jiang Zemin's "three represents" thought is enshrined in the Constitution and the 2004 Amendment to the Constitution establishes "the country respects and guarantees human rights"), and the formal establishment of the ideological system ("people-oriented" section) The concept of socialist rule of law in the concept of academic development). The third part elaborates the contents and requirements of the legal view of people-oriented. This paper mainly discusses that human being is the purpose and practice of law, subject and evaluator, and that the formulation and implementation of law from ancient times to present are not always following the people-oriented position, but there is a process from alienation to regression. This paper discusses the lag of the traditional legal idea in China, and puts forward the main path of carrying out the legal idea of "people-oriented" concretely. The fourth part focuses on the application of "people-oriented" legal concept-taking the legislative protection of the rights of criminal defendants as an example. This paper mainly discusses the lack of the protection of the defendant's rights in the criminal procedure legislation of our country, and puts forward the necessity and concrete methods of guiding our criminal procedure legislation with the legal concept of "people-oriented" in order to limit the expansion and abuse of public power. Fully safeguard the rights of the defendant as a weak party, and realize the harmonious development of the society.
【学位授予单位】：电子科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D90
本文编号：2280104
[Abstract]:As human beings, it is the common ideal of all mankind to have the right of freedom and to realize the all-round development of human beings. The law pursues the values of justice, fairness, equality and freedom. Its core demand is to protect and realize human rights in the final analysis. Western humanism originated from ancient Greece and developed from Renaissance to modern. In ancient China, there were people-oriented thoughts, and in modern times, countless people with humanistic ideals tried hard to introduce western democratic and civil rights thoughts into China, and finally, "the October Revolution sent Marxism to the Chinese people." With the establishment and development of the new China, the leaders of the Party for generations have combined the Marxist thought with the reality of China and innovated constantly. At the beginning of the new century, our country put forward the "people-oriented" concept of scientific development, which is an innovative idea guided by Marxism. "People-oriented" legal concept is a legal concept based on historical materialism: human being is the purpose and practice of law, subject and evaluator. It is introduced into the criminal procedure legislation of our country as the guiding ideology, from substantive right to procedural relief, to solve the intractable disease that appears in the field of criminal procedure legislation of our country at present. In legislation, the personal rights and property rights of the defendants of the vulnerable groups are effectively prevented from being trampled on arbitrarily by the public power and the abuse of the public power is prevented. The full text is divided into five chapters, mainly elaborated the content of four parts, the main contents of each part are as follows: the first part is the introduction, mainly studied the basis of the article and the value of the study, research methods. The second part is the philosophical basis and theoretical origin of the legal view of people-oriented. The first section analyzes the philosophical basis of this legal thought-historical materialism. The second section explores the theoretical origin of "people-oriented" legal view, from Marx, Engels, Lenin, Mao Zedong's legal thought "people-oriented" to China's "people-oriented" legal concept (Deng Xiaoping's legal thought on human rights. Development (Jiang Zemin's "three represents" thought is enshrined in the Constitution and the 2004 Amendment to the Constitution establishes "the country respects and guarantees human rights"), and the formal establishment of the ideological system ("people-oriented" section) The concept of socialist rule of law in the concept of academic development). The third part elaborates the contents and requirements of the legal view of people-oriented. This paper mainly discusses that human being is the purpose and practice of law, subject and evaluator, and that the formulation and implementation of law from ancient times to present are not always following the people-oriented position, but there is a process from alienation to regression. This paper discusses the lag of the traditional legal idea in China, and puts forward the main path of carrying out the legal idea of "people-oriented" concretely. The fourth part focuses on the application of "people-oriented" legal concept-taking the legislative protection of the rights of criminal defendants as an example. This paper mainly discusses the lack of the protection of the defendant's rights in the criminal procedure legislation of our country, and puts forward the necessity and concrete methods of guiding our criminal procedure legislation with the legal concept of "people-oriented" in order to limit the expansion and abuse of public power. Fully safeguard the rights of the defendant as a weak party, and realize the harmonious development of the society.
【学位授予单位】：电子科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D90
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