中国共产党与中国法治化进程研究

发布时间：2018-06-18 16:11

本文选题：中国共产党 + 法治　；参考：《湖南大学》2010年硕士论文

【摘要】：本文以时间为线索,系统叙述与评论了在中国共产党的领导下我国法治的发展,探讨中国法治的发展与中共的关系。在建国之初的法治初创时期,党领导制定了第一部社会主义宪法,以根本法的形式规定了国家的根本性质,是新中国法治的里程碑。在党政关系方面,加强了党对政府工作的领导,形成了一元化的领导体制,传统的执政方式得以开始。在这样的条件下,新中国的司法体制开始确定并且进行了新中国的司法改革。在文化大革命特殊的历史阶段,党政关系发生了严重的变异,党政不分的一元化体制发挥到了极端,造成了国家政治生活的混乱。随之而来的立法与司法也遭到了挫折,立法停滞不前,司法机关也遭到了破坏,法治在这个时期有了严重倒退。直到文革结束之后,党对法治建设进行了反思,党政关系开始了新的探索与改革,逐步开始了党政分开。立法方面,立法工作在党的领导下全面恢复和发展,初步形成了立法体系。在司法的层次上,司法工作也恢复与发展,并开始了三个阶段的司法改革,司法独立也开始了探索,这对我国法治影响甚大,使得法治重建与发展。基于这样的历史资料和脉络,本文分析了在中共的影响下法治的重要环节立法、行政与司法在各个历史时期的发展概况,了解法治发展的动态方向。在本文的最后,通过分析中共和法治的关系,总结了历史的启示,然后对中共与我国的法治发展进行了评价,也对在法治的发展过程中如何处理执政党与立法、行政与司法三者之间的关系进行了肤浅的探讨。
[Abstract]:Based on the clue of time, this paper systematically narrates and comments on the development of the rule of law in China under the leadership of the Communist Party of China, and probes into the relationship between the development of the rule of law in China and the Communist Party of China. In the initial period of the rule of law at the beginning of the founding of the people's Republic of China, the leadership of the Party formulated the first socialist constitution, which stipulated the fundamental nature of the country in the form of a basic law, which was a milestone in the rule of law in New China. In the aspect of the relationship between the Party and the government, the leadership of the Party over the government work has been strengthened, and a unified leadership system has been formed, and the traditional way of governing has begun. Under such conditions, the judicial system of the people's Republic of China began to establish and carry out the judicial reform of the people's Republic of China. In the special historical stage of the Cultural Revolution, the relationship between the Party and the government has undergone serious changes, and the unified system of the party and government has been brought into play to the extreme, resulting in the chaos of the political life of the country. The following legislative and judicial setbacks, legislative stagnation, the judiciary has also been destroyed, the rule of law in this period has serious retrogression. Until the end of the Cultural Revolution, the Party reflected on the construction of the rule of law, the relationship between the party and government began a new exploration and reform, gradually began to separate the party and government. Legislation, under the leadership of the Party, the overall recovery and development, initially formed a legislative system. At the judicial level, the judicial work also recovers and develops, and begins the judicial reform of three stages, the judicial independence also began to explore, this to our country rule of law influence very big, causes the rule of law reconstruction and the development. Based on such historical data and context, this paper analyzes the important link of legislation, administration and judicature in each historical period under the influence of the Communist Party of China, and understands the dynamic direction of the development of the rule of law. At the end of this paper, by analyzing the relationship between the Communist Party of China and the rule of law, the author summarizes the historical enlightenment, then evaluates the development of the rule of law between the Communist Party of China and China, and discusses how to deal with the ruling party and the legislation in the process of the development of the rule of law. The relationship between administration and judicature is discussed superficial.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D239;D920.0

【参考文献】