新乡土社会中礼治和法治的冲突与整合

发布时间：2018-01-26 20:39

本文关键词： 新乡土社会礼治法治　出处：《江苏大学》2010年硕士论文　论文类型：学位论文

【摘要】： 本文的研究思路立足于社会转型期的中国新乡土社会,之所以称其为新乡土社会,是与费孝通先生的《乡土中国》中的中国传统乡土社会相对而言的。新乡土社会呈现出乡土本色逐渐消退、国家权力作用方式相对柔和、多元权威出现等社会转型期的显著特征,且在这种新的境况下,维护乡土社会秩序的传统手段——礼治出现了逐渐弱化的态势,而近代以来向西方学习的法治也在乡土社会遭遇到诸多现实困境。两者在全面大量的接触中,产生了激烈的冲突和矛盾,同时也存在相互融合的可能性和必要性。本文的创新之处就在于探索解决礼治和法治的矛盾冲突实现二者协调发展的有效途径。文章共分为三个部分。第一部分主要分析了我国传统乡土社会的基本特征,包括乡土本色、血缘地缘和差序格局,以及传统维护乡土社会秩序的礼治的具体内容。随着中国社会的转型和市场经济的发展,传统乡土社会逐步过渡到新乡土社会并出现了一系列新的特征,礼治和法治并存成为维护其社会秩序的的手段,具体表现为礼治的逐渐弱化和法治的运行困境。第二部分论述礼治和法治的相互关系,两者之间既有共同点也有不同点,详细介绍礼治和法治的显性优势及其局限性,以及两者之间的冲突和矛盾,表现为法治对礼治的取代和破坏和礼治对法治的置换和违背。第三部分是本文的创新之处,在前面两章论述分析的基础上,提出解决礼治和法治冲突与对立的具体途径,包括：在观念上,尊重、善待礼治,加强法治教育。在立法上,法治要汲取乡土社会的礼治资源完善我国的法治建设。在法的实施上,执法方面要积极探索具有乡村特色的执法方法；司法方面要建立礼治与法治相互融入与援引的司法制度；守法方面要加强对农民法治意识的培养和内化等。同时还要努力探索礼治和法治的互动领域,实现对礼治和法治的整合。
[Abstract]:The research idea of this paper is based on the new local society of China in the period of social transformation, and it is called the new local society. It is relatively speaking with the Chinese traditional local society in Fei Xiaotong's "Native China". The new local society presents the native nature gradually fade, the state power function way is relatively soft. The emergence of pluralistic authority and other prominent features of the social transition period, and in this new situation, the maintenance of the traditional means of rural social order-rule of etiquette has gradually weakened. In modern times, the rule of law from the West has also encountered many practical difficulties in the local society. In a large number of comprehensive contacts, there have been fierce conflicts and contradictions between the two. At the same time, there is the possibility and necessity of mutual fusion. The innovation of this paper is to explore the effective way to solve the contradiction and conflict between the rule of etiquette and the rule of law to realize the harmonious development of the two. The article is divided into three parts. The first part mainly analyzes the basic characteristics of the traditional local society in China, including the native color, consanguinity, geography and different order pattern. Along with the transformation of Chinese society and the development of market economy, the traditional local society gradually transitioned to the new native society and appeared a series of new characteristics. The coexistence of the rule of etiquette and the rule of law has become the means to maintain its social order, which is embodied in the gradual weakening of the rule of etiquette and the difficulty of the operation of the rule of law. The second part discusses the relationship between the rule of etiquette and the rule of law. There are not only common points but also differences between them. This paper introduces in detail the dominant advantages and limitations of rule of etiquette and rule of law, as well as the conflicts and contradictions between them. The third part is the innovation of this paper, on the basis of the analysis of the preceding two chapters. The specific ways to solve the conflict and opposition between the rule of etiquette and the rule of law are put forward, including: in concept, respect, treat well with the rule of etiquette, strengthen the education of rule by law, and legislate. The rule of law should draw on the resources of the local society to perfect the construction of the rule of law in our country. In the implementation of the law, the law enforcement should actively explore the law enforcement methods with rural characteristics; In the judicial aspect, we should establish a judicial system in which the rule of etiquette and the rule of law are mutually integrated and invoked; In the aspect of abiding by the law, we should strengthen the cultivation and internalization of peasants' consciousness of ruling by law, and at the same time, try to explore the interactive field between rule of etiquette and rule by law, and realize the integration of rule of etiquette and rule by law.
【学位授予单位】：江苏大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：C912.82

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