论“以人为本”视阈下的当代法治观
发布时间：2018-07-23 14:10
【摘要】： 本文通过对西方社会人本主义思想、中国古代人本思想以及马克思主义以人为本思想的比较考察,探究分析了“以人为本”思想的理论渊源及历史流变,提炼出当代中国“以人为本”思想的科学内涵。“以人为本”作为科学发展观的核心理念,是我国新时期构建社会主义和谐社会的基本指导思想,当然也是我们依法治国、建设社会主义法治国家、构建法治社会的思想基础与必然选择。树立“以人为本”的法治观,要求我们从立法、执法、司法各方面都彰显出以人为本的精神与理念,让人性的光辉贯穿法治建设的整个过程。首先,坚持“以人为本”的法治观,要求立法合乎人性、讲究人道、高扬人文精神,在立法中摒弃法律工具主义,恪守权利本位,改革、完善现行立法体制和程序,实现科学立法、民主立法,最大限度地实现人民的权利;更加尊重人权、关注民生,加大弱势群体权利的立法保障程度,进一步促进社会公平、正义。其次,贯彻“以人为本”的法治观,要求政府必须体现“以人为本”的品格,打造法治政府、诚信政府、责任政府、阳光政府,努力使政府的行政与执法行为始终做到以人为本。最后,秉承“以人为本”的法治观,要求必须进行司法体制改革,促进司法独立,切实保证司法公正,提高司法公信力。
[Abstract]:Based on the comparative investigation of humanism in western society, humanism in ancient China and Marxist people-oriented thought, this paper explores and analyzes the theoretical origin and historical evolution of "people-oriented" thought. Abstract the scientific connotation of the thought of "people first" in contemporary China. As the core idea of scientific development view, "people-oriented" is the basic guiding ideology of constructing socialist harmonious society in the new period of our country. Of course, it is also the rule of law and the construction of socialist country ruled by law. The ideological basis and inevitable choice of constructing a society ruled by law. To establish the concept of "people-oriented" rule of law requires us to highlight the spirit and concept of "people-oriented" from the aspects of legislation, law enforcement and justice, and let the brilliance of human nature run through the whole process of the construction of the rule of law. First of all, we should adhere to the "people-oriented" view of the rule of law, require legislation to conform to human nature, pay attention to humanity, and promote humanism, abandon legal instrumentalism in legislation, abide by the right standard, reform and improve the current legislative system and procedures. To achieve scientific legislation, democratic legislation, to maximize the realization of the rights of the people, more respect for human rights, pay attention to the people's livelihood, increase the degree of legislative protection of the rights of vulnerable groups, and further promote social equity and justice. Secondly, to implement the concept of "people-oriented" rule of law requires the government to embody the character of "people-oriented", to create a government ruled by law, a government of good faith, a responsible government and a sunny government. Try to make the administration and law enforcement behavior of the government always be people-oriented. Finally, adhering to the "people-oriented" view of the rule of law, it is necessary to reform the judicial system, promote the independence of the judiciary, ensure the judicial justice and enhance the judicial credibility.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
本文编号：2139660
[Abstract]:Based on the comparative investigation of humanism in western society, humanism in ancient China and Marxist people-oriented thought, this paper explores and analyzes the theoretical origin and historical evolution of "people-oriented" thought. Abstract the scientific connotation of the thought of "people first" in contemporary China. As the core idea of scientific development view, "people-oriented" is the basic guiding ideology of constructing socialist harmonious society in the new period of our country. Of course, it is also the rule of law and the construction of socialist country ruled by law. The ideological basis and inevitable choice of constructing a society ruled by law. To establish the concept of "people-oriented" rule of law requires us to highlight the spirit and concept of "people-oriented" from the aspects of legislation, law enforcement and justice, and let the brilliance of human nature run through the whole process of the construction of the rule of law. First of all, we should adhere to the "people-oriented" view of the rule of law, require legislation to conform to human nature, pay attention to humanity, and promote humanism, abandon legal instrumentalism in legislation, abide by the right standard, reform and improve the current legislative system and procedures. To achieve scientific legislation, democratic legislation, to maximize the realization of the rights of the people, more respect for human rights, pay attention to the people's livelihood, increase the degree of legislative protection of the rights of vulnerable groups, and further promote social equity and justice. Secondly, to implement the concept of "people-oriented" rule of law requires the government to embody the character of "people-oriented", to create a government ruled by law, a government of good faith, a responsible government and a sunny government. Try to make the administration and law enforcement behavior of the government always be people-oriented. Finally, adhering to the "people-oriented" view of the rule of law, it is necessary to reform the judicial system, promote the independence of the judiciary, ensure the judicial justice and enhance the judicial credibility.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 韦金;论法治政府建设的核心价值[D];广西师范大学;2012年
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