规则思维及其对中国法治的意义

发布时间：2018-11-23 08:05

【摘要】：中国共产党在党的第十八次全国代表大会上提出要"全面推进依法治国","法治是治国理政的基本方式","坚持法律面前人人平等,保证有法必依、执法必严、违法必究","运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定",这充分表现出了我国极其重视法治思维和法治方式对于我国社会法治化进程的推动作用。就法治思维而言,规则思维是其核心要义。全文分为五个部分。第一部分为我国旅游业"潜规则"的案例分析。第二部分是规则是什么及规则有什么作用。规则是一些基本的准则、标准、规定等,它通过设定权利、义务、责任或是赋予某种事实状态以意义而具有约束力。规则对于保障社会的秩序,实现公平正义具有重要的作用。它能够引导人们的价值观,降低人际交往的成本,规范人们的行为,从而规避不利后果。第三部分是规则思维的内涵、主要特点及规则思维的局限性。规则思维是遵奉法律至上的思维,规则思维是具有平等性、形式理性特点的思维。第四部分是规则思维在当下缺失的原因和表现。规则思维在当下的缺失表现在:急功近利,唯上思维和特权思维大行其道,遇事找人不找法,不遵守规则却信奉"潜规则"。第五部分是规则思维对中国法治的意义。规则思维能增强公民的法治意识,能提升领导干部运用法治思维和法治方式治国理政的能力。
[Abstract]:At the 18th National Congress of the Party, the Communist Party of China proposed to "comprehensively promote the rule of law", "the rule of law is the basic way to govern the country and govern government", and "to uphold equality before the law, to ensure that laws must be followed, and to enforce the law strictly," "We should apply the thinking of the rule of law and the way of the rule of law to deepen reform, promote development, resolve contradictions, and maintain stability." This fully shows that our country attaches great importance to the rule of law thinking and the way of the rule of law to promote the process of rule of law in our society. As far as the thinking of rule of law is concerned, regular thinking is its core meaning. The full text is divided into five parts. The first part is the case study of the latent rules of tourism in China. The second part is what the rules are and what role the rules have. Rules are basic norms, standards, regulations, etc. They are binding by creating rights, obligations, responsibilities, or giving meaning to certain states of fact. Rules play an important role in ensuring social order and realizing fairness and justice. It can guide people's values, reduce the cost of interpersonal communication, regulate people's behavior, and avoid adverse consequences. The third part is the connotation, main characteristics and limitation of regular thinking. Regular thinking is the thinking of following the law first, and regular thinking is the thinking with equality and form rationality. The fourth part is the reason and performance of the lack of regular thinking at present. The lack of regular thinking in the present is: eager for quick success and quick profit, only thinking and privileged thinking prevail, people do not find the law, do not abide by the rules, but believe in "hidden rules". The fifth part is the significance of regular thinking to the rule of law in China. Regular thinking can enhance citizens' consciousness of ruling by law and enhance the ability of leading cadres to use the thinking of rule of law and the way of rule of law to manage state affairs.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0

【相似文献】