论中国社会转型期法律实效
发布时间：2018-10-23 14:03
【摘要】：法律实效是法理学研究中的重点、难点理论问题之一,它关注的是法律实施中的实际状况和效果。目前,我国法律体系已经基本形成,但是法律实效状况并不尽如人意。一个重要原因就是对法律实践状况缺乏总结,对法律实效问题缺乏研究,尤其是没有运用法社会学观点将法律实效问题放入社会转型这一重大社会背景下研究。本文在继承前人理论成果的基础上,概括总结了目前法律实效现状,并综合运用社会学的研究方法描述和剖析了我国法律实效现状及隐藏在这些现象背后的深层次的原因,并就这种实效状况提出了建设性的意见,探讨提高我国法律实效的途径。 本文分为三个大部分,第一部分,阐述中国社会转型时期法律实效状况,首先,明确社会转型和中国社会转型时期法律实效的特殊性。因为本文中的法律实效问题所针对的社会模式是以转型社会为背景,写作目的也是为正处于社会转型时期的中国提供参考,所以笔者首先阐述的是社会转型的概念和转型社会的社会特征。通过阐述社会转型这一概念和转型社会的社会特征进而对其适用标准进行研究,明确其使用范围。其次,结合对社会转型概念在中国的含义、运用以及目前中国社会的总体特征的研究,论述现阶段中国社会的社会转型。再次,通过对社会转型这一社会学理论的诠释,把社会转型时期的法律实效与非转型时期的法律实效进行比较,进一步阐明在这一特殊社会背景下法律实效的特殊性。 第二部分,结合前文所述转型时期法律实效特殊性,通过分析法律以外的社会因素如：由于社会流动性加快,社会分化严重,城乡差距、东西部地区差距,转型过快等等多个角度阐述法律实效特殊性出现的社会原因；同时对立法、执法、司法等法律制定、运行过程进行全面研究,探究因法律本身因素导致的法律实效问题。 第三部分,是本文的重点和难点内容,在前三部分的基础上综合分析当前中国社会转型时期法律实效问题并提出解决这一问题的合理性建议。针对造成法律实效问题的法律本身的原因和法律之外的原因,提出两大层次的解决方式。一方面是制度层面的建设,针对法律本身的原因如立法原因、执法原因、司法原因等,重点针对对法律运行诸环节的改进；另一方面是法律信仰层面的建设,针对如何提高民众对法律的信仰,提出建设性意见。
[Abstract]:The effectiveness of law is one of the key and difficult theoretical problems in the study of jurisprudence, which focuses on the actual situation and effect of law enforcement. At present, China's legal system has been basically formed, but the legal effectiveness is not satisfactory. One of the important reasons is the lack of summary of legal practice and the lack of research on the issue of legal effectiveness, especially the lack of applying the viewpoint of sociology of law to the study of legal effectiveness under the major social background of social transformation. On the basis of inheriting the previous theoretical achievements, this paper summarizes the current situation of legal effectiveness, and comprehensively describes and analyzes the current situation of legal effectiveness and the underlying reasons behind these phenomena by using sociological research methods. Some constructive suggestions are put forward in this paper, and the ways to improve the actual effect of our law are discussed. This paper is divided into three parts. The first part expounds the situation of legal effectiveness in the period of social transformation in China. Firstly, it clarifies the particularity of the legal effectiveness in the period of social transformation and social transformation in China. Because the social model of the legal effectiveness in this paper is based on the transitional society, and the purpose of writing is to provide a reference for China in the period of social transformation. Therefore, the author first expounds the concept of social transformation and the social characteristics of the transitional society. By expounding the concept of social transformation and the social characteristics of the transitional society, this paper studies its applicable standards, and clarifies the scope of its use. Secondly, combining the meaning of the concept of social transformation in China, the use of the current Chinese society and the overall characteristics of the study, this paper discusses the current stage of social transformation in China. Thirdly, through the interpretation of the sociological theory of social transformation, the author compares the legal effectiveness in the period of social transformation with that in the non-transitional period, and further clarifies the particularity of the legal effectiveness in this special social background. The second part, considering the particularity of the law effect in the transition period mentioned above, through the analysis of the social factors other than the law, such as: the social mobility is accelerated, the social differentiation is serious, the gap between urban and rural areas, the gap between the east and the west, At the same time, the author makes a comprehensive study on the process of legislation, law enforcement, judicial making and operation, and probes into the problems of legal effectiveness caused by the factors of law itself. The third part is the key and difficult content of this paper. On the basis of the first three parts, the author synthetically analyzes the legal effectiveness in the period of social transformation in China and puts forward some reasonable suggestions to solve this problem. In view of the causes of the law itself and the reasons outside the law, two major ways to solve the problem are put forward. On the one hand, it is the construction of the system, aiming at the reasons of the law itself, such as the legislative reason, the law enforcement reason, the judicial reason, and so on. On the other hand, it focuses on the improvement of the operation of the law; on the other hand, it is the construction of the legal belief level. In view of how to improve the people's faith in the law, put forward constructive advice.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
本文编号：2289467
[Abstract]:The effectiveness of law is one of the key and difficult theoretical problems in the study of jurisprudence, which focuses on the actual situation and effect of law enforcement. At present, China's legal system has been basically formed, but the legal effectiveness is not satisfactory. One of the important reasons is the lack of summary of legal practice and the lack of research on the issue of legal effectiveness, especially the lack of applying the viewpoint of sociology of law to the study of legal effectiveness under the major social background of social transformation. On the basis of inheriting the previous theoretical achievements, this paper summarizes the current situation of legal effectiveness, and comprehensively describes and analyzes the current situation of legal effectiveness and the underlying reasons behind these phenomena by using sociological research methods. Some constructive suggestions are put forward in this paper, and the ways to improve the actual effect of our law are discussed. This paper is divided into three parts. The first part expounds the situation of legal effectiveness in the period of social transformation in China. Firstly, it clarifies the particularity of the legal effectiveness in the period of social transformation and social transformation in China. Because the social model of the legal effectiveness in this paper is based on the transitional society, and the purpose of writing is to provide a reference for China in the period of social transformation. Therefore, the author first expounds the concept of social transformation and the social characteristics of the transitional society. By expounding the concept of social transformation and the social characteristics of the transitional society, this paper studies its applicable standards, and clarifies the scope of its use. Secondly, combining the meaning of the concept of social transformation in China, the use of the current Chinese society and the overall characteristics of the study, this paper discusses the current stage of social transformation in China. Thirdly, through the interpretation of the sociological theory of social transformation, the author compares the legal effectiveness in the period of social transformation with that in the non-transitional period, and further clarifies the particularity of the legal effectiveness in this special social background. The second part, considering the particularity of the law effect in the transition period mentioned above, through the analysis of the social factors other than the law, such as: the social mobility is accelerated, the social differentiation is serious, the gap between urban and rural areas, the gap between the east and the west, At the same time, the author makes a comprehensive study on the process of legislation, law enforcement, judicial making and operation, and probes into the problems of legal effectiveness caused by the factors of law itself. The third part is the key and difficult content of this paper. On the basis of the first three parts, the author synthetically analyzes the legal effectiveness in the period of social transformation in China and puts forward some reasonable suggestions to solve this problem. In view of the causes of the law itself and the reasons outside the law, two major ways to solve the problem are put forward. On the one hand, it is the construction of the system, aiming at the reasons of the law itself, such as the legislative reason, the law enforcement reason, the judicial reason, and so on. On the other hand, it focuses on the improvement of the operation of the law; on the other hand, it is the construction of the legal belief level. In view of how to improve the people's faith in the law, put forward constructive advice.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 王凯;基层政府应对群体性事件问题研究[D];山东师范大学;2012年
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