以公民意识推进法治政府建设

发布时间：2018-04-20 03:05

本文选题：公民意识 + 法治政府　；参考：《中国政法大学》2011年硕士论文

【摘要】：本文以新时期中国特色社会主义法治建设实践为背景,主要针对的是转型时期公民意识高涨与政府法治化转变相对滞后不能适应新形势变化的实际问题,提出了在政府主导型法治建设过程中政府要充分考虑公民意识发展的现实,以公民意识为驱动力持续推进自身法治化转变并引导公民意识完善,进而不断推进法治政府建设新局面的观点。本文除引言外分为以下几个部分: 第一部分,主要论述了公民意识与法治政府密切相联系。开篇首先提出新形势下政府的角色定位是“公共服务型”的观点。在此前提下,政府通过提高自身依法行政能力建设,依法保障公民权利和引导公民意识克服传统“臣民意识”影响等方式,能够不断提升公民意识发展进步。与此同时,公民权利意识、义务和社会责任意识以及政治参与意识又能推进法治政府建设不断向前推进,从而使法治实现“形神兼备”。第二部分,主要论述了当下法治政府建设落后于公民意识的现状。首先从立法、执法和守法三个层面分析了法治政府建设落后于公民意识的具体表现,然后从历史传统、公民权利保障和社会思想方面论述了原因。提出“人治”思想残留、公民权利保障不足和社会法律信仰未形成是导致法治政府建设落后于公民意识的根本原因。第三部分,主要论述了在政府推进型法治建设道路中提升法治政府建设的路径。在以公民意识推进政府依法行政方面,政府首先要不断增强立法科学性,提高相关规定的可操作性,重视公民参与立法以保障法治政府建设有符合公民需求的法律作为依据,其次要树立法律权威性,严格执法,保障公民合法权利,最后要通过法律、道德等多种途径深化对政府守法的监督,强化对权力的制约。在增进公民主体意识培育方面,政府一方面要进一步推进全社会对法律的信仰,形成全体公民尊重法律、履行义务的社会氛围,另一方面要推进公民教育实践,为激发公民意识成为推进法治政府建设的驱动力提供更为宽松的环境。结论部分,主要进行了总结和扩展。提出公民意识的成长不仅是推进法治政府建设符合法治要求的驱动力,更是实现国家现代化建设及人的全面发展的必然。本文相对完整地论述了以公民意识推进法治政府建设的观点。
[Abstract]:Based on the practice of the construction of the rule of law of socialism with Chinese characteristics in the new period, this paper aims at the practical problems that the rising awareness of citizens and the relative lag of the transition of government by law cannot adapt to the changes of the new situation during the transition period. The paper puts forward that the government should fully consider the reality of the development of citizen consciousness in the process of government leading the construction of the rule of law, take citizen consciousness as the driving force to continuously promote the transformation of its own rule of law and guide the improvement of citizen consciousness. And then constantly promote the rule of law government construction of a new situation of the point of view. In addition to the introduction, this article is divided into the following parts: The first part, mainly discusses the citizen consciousness and the rule of law government is closely related. At the beginning of the article, the author puts forward the view that the government's role is "public service type" under the new situation. On this premise, the government can improve the development and progress of citizen consciousness by improving its ability of administration according to law, protecting citizens' rights according to law and guiding citizen consciousness to overcome the influence of traditional "subject consciousness". At the same time, the consciousness of civil rights, obligation, social responsibility and political participation can push forward the construction of the government ruled by law and make the rule of law realize "both form and spirit". The second part mainly discusses the current situation that the construction of the government by law lags behind the citizen consciousness. In this paper, the author first analyzes the concrete manifestation that the construction of the rule of law government falls behind the citizen's consciousness from three aspects of legislation, law enforcement and law-abiding, and then discusses the reasons from the aspects of historical tradition, civil rights guarantee and social thought. It is pointed out that the residual thought of "rule by man", the insufficient protection of civil rights and the lack of social legal belief are the fundamental reasons leading to the lagging behind the civil consciousness in the construction of the government ruled by law. The third part mainly discusses the path to promote the construction of government by law in the road of government-driven construction of rule of law. In promoting government administration according to law with citizen consciousness, the government should, first of all, continuously enhance the scientific nature of legislation, improve the operability of relevant provisions, and attach importance to citizen participation in legislation in order to ensure that the construction of a government ruled by law is based on laws that meet the needs of citizens. Secondly, it is necessary to establish the authority of the law, strictly enforce the law and protect the legal rights of citizens. Finally, we should deepen the supervision of the government to abide by the law and strengthen the restriction on the power through various ways, such as law, morality, etc. On the one hand, the government should further promote the whole society's belief in the law, and form a social atmosphere in which all citizens respect the law and fulfill their obligations. On the other hand, the government should promote the practice of civic education. In order to stimulate the citizen consciousness as the driving force to promote the construction of government by law to provide a more relaxed environment. The conclusion part mainly carries on the summary and the extension. It is pointed out that the growth of citizen consciousness is not only the driving force to promote the construction of the government ruled by law, but also the necessity to realize the modernization of the country and the all-round development of human beings. This paper discusses the viewpoint of promoting the construction of government ruled by law by citizen consciousness.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.1

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