从“清官情结”看徒法不能以自行

发布时间：2018-02-08 11:14

本文关键词： 清官法治人治　出处：《河北师范大学》2010年硕士论文　论文类型：学位论文

【摘要】： 长期以来,古今中外的学者对于要法治总还是要人治一直争论不休,随着法治观念的深入人心,我国提出了依法治国方略,法治已经成为当今社会的主要治理方式。但是法律局限性的慢慢突显以及中国共产党在依法治国的基础上提出以德治国,人们开始重新认识法治,毕竟徒法不能以自行,法的实现离不开人的作用,而人治下的有利因素也可以为我国当代法治建设所借鉴。本文试图从我国的清官情结以及徒法不能以自行入手,讨论法治与人治的关系,得出在法治建设过程中,应该注重对人治社会下的有利因素进行吸收和借鉴的结论。本文主要论述清官情结的含义、产生原因以及作用;徒法不能以自行的含义、中外法律渊源及相关问题;从人治与法治关系的角度出发进行论述;从我国现阶段的“德”与“法”出发,提出了我们应当适当的借鉴人治中有利因素,来完善我国的法治。 “徒法不能以自行”的思想古已有之,从西方著作中的鲍西娅断案到我国现今社会中食品安全事故的频发,都证明了这一古训,社会的发展需要法治,也需要人治。本文从人治与法治的基本概念出发,阐述了人治与法治二者之间的辩证关系,解释了人们对于人治与法治的几点误区,并论证了人治与法治不是对立,而是相互统一的。“建设法治社会”的提出是社会环境变迁的必然结果,但并不等于说法治优于人治。实现社会的健康和良性发展,需要将人治与法治结合起来,将人与法结合起来。
[Abstract]:For a long time, scholars at all times and at home and abroad have been debating whether to rule by man or rule of law. With the concept of rule of law taking root in the hearts of the people, our country has put forward a strategy of governing the country according to law. The rule of law has become the main way of governance in today's society. However, the legal limitations are gradually highlighted and the Communist Party of China proposes to rule the country by virtue on the basis of governing the country according to law. People begin to re-understand the rule of law. After all, only law cannot be ruled by itself. The realization of law is inseparable from the role of human beings, and the favorable factors under the rule of man can also be used for reference in the construction of the contemporary rule of law in China. This paper attempts to discuss the relationship between the rule of law and the rule of man from the perspective of the complex of clean officials and the fact that the law cannot be carried out on its own. In the process of building the rule of law, we should pay attention to absorb and draw lessons from the favorable factors under the rule of man society. Chinese and foreign legal sources and related problems; from the point of view of the relationship between the rule of man and the rule of law; from the "morality" and "law" at the present stage of our country, the author puts forward that we should draw lessons from the favorable factors of the rule of man to perfect the rule of law in our country. The idea that "the act of apprenticeship cannot be carried out on its own" has existed in ancient times. From the case of Portia in western works to the frequent occurrence of food safety accidents in our society today, it has been proved that the development of society needs the rule of law. From the basic concept of rule by man and rule by law, this paper expounds the dialectical relationship between the rule of man and the rule of law, explains some misunderstandings about the rule of man and the rule of law, and proves that the rule of man and the rule of law are not in opposition. The proposition of "building a society ruled by law" is the inevitable result of the change of social environment, but it does not mean that the rule of law is superior to the rule of man. To realize the healthy and benign development of society, it is necessary to combine the rule of man with the rule of law. Combine man with law.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.4

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