论严复的国民法律素质思想
发布时间：2019-07-04 17:42
【摘要】： 严复是近代对国民素质始终予以最深切关注的启蒙思想家。目前,国内对严复相关思想研究主要集中在民智、民力、民德的“三民”思想,或分而论之,或合而论之。而他的国民法律素质思想没有得到学者们的关注,对其国民法律素质思想的探讨学界尚乏专论。本文拟对严复这一思想作较系统的研究,以期丰富严复的学术思想研究,加深对严复思想理论的理解。 本文第一部分从严复近代国民法律素质思想提出的理论依据着手,深入探究了其思想的理论来源:西方近代人权理念和三大法治原则。本文第二部分尝试性地对严复近代国民法律素质的基本架构进行了探究,厘清了近代国民法律素质中法律知识、法律意识、法律信仰以及法律能力各要素的基本内涵及其相互关系。第三部分论述了严复对近代中国国民法律素低下的反思与评判。他从臣民意识、法律刑法化,义务本位,治狱残酷和“无诉”的传统法律文化等方面对此进行了深刻而精辟的解析。第四部分对严复关于提高近代国民法律素质的途径与方法进行了归纳和分析。他指出只有通过实行立宪制度,才能实现国民身份转化;只有通过建立民主的诉讼制度,才能维护和保障法律正义,唯有如此,国民才能亲法、近法,从而树立法律至上的信仰。第五部分探讨了严复国民法律素质思想的对当代公民法律素质教育的启示。
[Abstract]:Yan Fu is the enlightenment thinker who has always paid the deepest attention to the national quality in modern times. At present, the domestic research on Yan Fu's related thoughts mainly focuses on the "three people" thought of people's wisdom, people's power and people's morality, either separately or in combination. However, his thought of national legal quality has not been paid attention to by scholars, and there is still no monograph on his thought of national legal quality. This paper intends to make a systematic study of Yan Fu's thought in order to enrich Yan Fu's academic thought and deepen his understanding of Yan Fu's thought theory. The first part of this paper starts from the theoretical basis of Yan Fu's thought of national legal quality in modern times, and probes into the theoretical sources of his thought: the western modern human rights concept and the three principles of the rule of law. The second part of this paper attempts to explore the basic structure of Yan Fu's modern national legal quality, and clarifies the basic connotation and relationship of legal knowledge, legal consciousness, legal belief and legal ability in modern national legal quality. The third part discusses Yan Fu's reflection and judgment on the low legal element of modern Chinese nationals. He made a profound and incisive analysis of this from the aspects of subject consciousness, legal punishment, obligation standard, cruel administration of prison and traditional legal culture of "no complaint". The fourth part sums up and analyzes Yan Fu's ways and methods to improve the quality of modern national law. He pointed out that only by implementing the constitutional system can we realize the transformation of national identity, only by establishing a democratic litigation system, can we safeguard and guarantee legal justice, and only in this way can nationals be pro-law and close to the law, so as to establish the belief that the law is paramount. The fifth part discusses the enlightenment of Yan Fu's thought of national legal quality to contemporary citizen's legal quality education.
【学位授予单位】：首都师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D909.2
本文编号：2510095
[Abstract]:Yan Fu is the enlightenment thinker who has always paid the deepest attention to the national quality in modern times. At present, the domestic research on Yan Fu's related thoughts mainly focuses on the "three people" thought of people's wisdom, people's power and people's morality, either separately or in combination. However, his thought of national legal quality has not been paid attention to by scholars, and there is still no monograph on his thought of national legal quality. This paper intends to make a systematic study of Yan Fu's thought in order to enrich Yan Fu's academic thought and deepen his understanding of Yan Fu's thought theory. The first part of this paper starts from the theoretical basis of Yan Fu's thought of national legal quality in modern times, and probes into the theoretical sources of his thought: the western modern human rights concept and the three principles of the rule of law. The second part of this paper attempts to explore the basic structure of Yan Fu's modern national legal quality, and clarifies the basic connotation and relationship of legal knowledge, legal consciousness, legal belief and legal ability in modern national legal quality. The third part discusses Yan Fu's reflection and judgment on the low legal element of modern Chinese nationals. He made a profound and incisive analysis of this from the aspects of subject consciousness, legal punishment, obligation standard, cruel administration of prison and traditional legal culture of "no complaint". The fourth part sums up and analyzes Yan Fu's ways and methods to improve the quality of modern national law. He pointed out that only by implementing the constitutional system can we realize the transformation of national identity, only by establishing a democratic litigation system, can we safeguard and guarantee legal justice, and only in this way can nationals be pro-law and close to the law, so as to establish the belief that the law is paramount. The fifth part discusses the enlightenment of Yan Fu's thought of national legal quality to contemporary citizen's legal quality education.
【学位授予单位】：首都师范大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D909.2
【引证文献】
相关博士学位论文 前1条
1 陈勇军;严复的制度与国民性互动思想研究[D];首都师范大学;2011年
，本文编号：2510095
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2510095.html
