论法律信任及其在我国的构建
发布时间：2019-06-04 01:11
【摘要】： 当下的中国正在建设社会主义法治国家,在建立完备的法律体系和法律制度的同时,也要重视对人们法律情感的培养。因为心理是行为的内在动因和支配力量,行为是心理的外部表现,是心理的外化。人的行为是在人的头脑的支配下,亦即在其头脑中进行的一系列心理活动的支配下发生的。培养人们的法律情感对中国的法治建设至关重要。在培养人们的法律情感方面,国内学者一致呼吁建立人们的法律信仰,即建立对自然法、理想状态的法的认同和敬畏。但在中国目前法制尚不完备的情况下,建立对实在法的法律信任才是适宜之举。西方国家因其宗教信仰、商品经济、法治文化以及政党制度等的发达,造就了人们对法律的无比信任。而在中国,由于缺乏信任法律的传统,而且处于社会的转型时期,法律体系并不完备,法律价值与民众价值存在脱节现象,法在运行的过程中受到重重阻碍,人们对法律缺乏信任之情。而在中国建立法律信任不仅是必要的而且是可能的。法律本身具有被信任的利益基础,建立法律信任是社会主义法治建设的心理依归,也是解决社会信任危机的重要途径。要建立法律信任,首先必须形成统一的规则,树立法律的至上权威,同时制定符合人们利益与需求的良法;其次,必须强化政府信用,实现依法控权,同时完善司法体制,提高司法公信力,充分发挥法律人在树立法律信任过程中的表率作用;最后应加强法学教育和普法教育,增强民众的权利意识。
[Abstract]:At present, China is building a socialist country ruled by law. While establishing a complete legal system and legal system, we should also attach importance to the cultivation of people's legal feelings. Because psychology is the internal motivation and dominant force of behavior, behavior is the external expression of psychology and the externalization of psychology. Human behavior occurs under the domination of the human mind, that is, under the domination of a series of psychological activities carried out in his mind. Cultivating people's legal emotion is very important to the construction of the rule of law in China. In the aspect of cultivating people's legal emotion, domestic scholars unanimously call for the establishment of people's legal belief, that is, the establishment of recognition and awe of natural law and the law of ideal state. However, under the condition that the current legal system in China is not complete, it is appropriate to establish legal trust in positive law. Because of the development of their religious beliefs, commodity economy, rule of law culture and party system, western countries have created great trust in the law. In China, due to the lack of the tradition of trusting the law, and in the period of social transformation, the legal system is not complete, there is a phenomenon of disconnection between the legal value and the value of the people, and the law is seriously hindered in the process of operation. People lack trust in the law. Building legal trust in China is not only necessary but also possible. The law itself has the benefit foundation of being trusted. The establishment of legal trust is not only the psychological basis of socialist rule of law construction, but also an important way to solve the crisis of social trust. In order to establish legal trust, we must first form unified rules, establish the supreme authority of law, and at the same time formulate good laws that meet the interests and needs of people. Secondly, we must strengthen the government credit, realize the control of power according to law, perfect the judicial system, improve the judicial credibility, and give full play to the exemplary role of the legal person in the process of establishing the legal trust. Finally, we should strengthen the education of law and popularize the law, and enhance the awareness of the rights of the people.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
本文编号：2492365
[Abstract]:At present, China is building a socialist country ruled by law. While establishing a complete legal system and legal system, we should also attach importance to the cultivation of people's legal feelings. Because psychology is the internal motivation and dominant force of behavior, behavior is the external expression of psychology and the externalization of psychology. Human behavior occurs under the domination of the human mind, that is, under the domination of a series of psychological activities carried out in his mind. Cultivating people's legal emotion is very important to the construction of the rule of law in China. In the aspect of cultivating people's legal emotion, domestic scholars unanimously call for the establishment of people's legal belief, that is, the establishment of recognition and awe of natural law and the law of ideal state. However, under the condition that the current legal system in China is not complete, it is appropriate to establish legal trust in positive law. Because of the development of their religious beliefs, commodity economy, rule of law culture and party system, western countries have created great trust in the law. In China, due to the lack of the tradition of trusting the law, and in the period of social transformation, the legal system is not complete, there is a phenomenon of disconnection between the legal value and the value of the people, and the law is seriously hindered in the process of operation. People lack trust in the law. Building legal trust in China is not only necessary but also possible. The law itself has the benefit foundation of being trusted. The establishment of legal trust is not only the psychological basis of socialist rule of law construction, but also an important way to solve the crisis of social trust. In order to establish legal trust, we must first form unified rules, establish the supreme authority of law, and at the same time formulate good laws that meet the interests and needs of people. Secondly, we must strengthen the government credit, realize the control of power according to law, perfect the judicial system, improve the judicial credibility, and give full play to the exemplary role of the legal person in the process of establishing the legal trust. Finally, we should strengthen the education of law and popularize the law, and enhance the awareness of the rights of the people.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
【引证文献】
相关期刊论文 前1条
1 杨慧莹;;刍论信任、秩序与法律[J];法制与社会;2011年29期
相关硕士学位论文 前1条
1 刘巍;我国法律公信力提升研究[D];湖南师范大学;2010年
，本文编号：2492365
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