李大钊民主法治思想研究

发布时间：2018-04-23 03:11

本文选题：李大钊 + 民主　；参考：《湖南科技大学》2011年硕士论文

【摘要】：在新世纪新阶段,我国社会和经济发展取得了重大进步,这为继续深化政治体制改革和全面落实依法治国方略创造了更加有利的条件。民主法治建设与扩大民主和经济发展的要求还不完全适应。在即将跨入全面建设小康社会的历史新时期,深入思考如何加强和改善民主法治,推进和贯彻依法治国显得尤为紧要。伴随着建设和谐社会的步伐,我国正在努力完善法律体系,法制教育也显示出勃勃的生机。这一历史新时期,很自然地赋予了法学研究者以崇高的使命。社会召唤学者们为建立一个民主法治的国家不懈奋斗,而在研究的过程中,我们应该学习各国先进的民主政治、法治思想。但不能脱离中国的国情,而造成“橘生淮北则为枳”的尴尬。而研究中国的法治,离不开其根源。李大钊同志作为新文化运动时期的旗手,曾经留学日本早稻田大学,在民主与法治方面有很深的造诣。并且,李大钊同志也是一个参与实践的革命者的典范。他的民主法治思想当前建设民主法治国家仍具有极大的借鉴意义和巨大的参考价值。鉴于此,仔细研究了李大钊民主法治的相关思想。力图从中能够寻找到一些对于我国建设法治国家,在中国共产党的领导下实施依法治国的启示。本文分成六部分来具体阐述,下面介绍一下文章的总体架构: 第一部分,分析了李大钊民主法治思想产生的社会历史背景。分别从李大钊同志所处的时代背景、文化背景、社会经济发展的背景和理论背景来探究这一思想产生的根源。第二部分,进一步总结这一思想的发展过程。分为三个阶段,分别为仰慕西方民主政治阶段、致力于民主共和阶段和皈依马克思主义理论阶段。第三部分,阐述其民主思想,首先研究了他的“民彝思想”,然后分析了他反对孔子封建礼教的思想,最后详细论及其“平民主义”思想。第四部分,作者探析了李大钊的宪治思想,他主张依据宪法治理及宪法法律至上。从他提出的倡导分权理论与选举制度开始,然后分析其制宪主张和省治思想。第五部分,阐述了李大钊的人权思想,因为保障人权是主张民主法治的根本目的。分别从他提出的民族自决权、保护生命健康权、保护妇女权利、保护自由权几方面详细进行阐述。第六部分,分析了李大钊民主法治思想的局限性及其对当今建设民主法治国家的启示。进而达到研究其民主法治思想的根本目的,以期待对我国的法治社会建设理论提供一点点资料的参考。
[Abstract]:At the new stage of the new century, great progress has been made in the social and economic development of our country, which has created more favorable conditions for deepening the reform of the political system and comprehensively implementing the strategy of governing the country according to law. The construction of democracy and rule of law is not fully adapted to the requirements of expanding democracy and economic development. In the new historical period of building a well-off society in an all-round way, it is particularly important to think deeply about how to strengthen and improve democracy and the rule of law, and to promote and implement the rule of law. With the pace of building a harmonious society, our country is trying to improve the legal system, legal education also shows vitality. In this new period of history, legal researchers are naturally endowed with a noble mission. The society calls on scholars to make unremitting efforts to establish a democratic country ruled by law, and in the course of research, we should learn the advanced democratic politics and the rule of law thought of each country. But can not be divorced from China's national conditions, and cause "orange Huaibei is trifoliate orange" embarrassment. The study of the rule of law in China can not be separated from its roots. As the flag bearer of the New Culture Movement, Comrade Li Dazhao studied at Waseda University in Japan, and had profound attainments in democracy and rule of law. Moreover, Comrade Li Dazhao is also a model of revolutionaries who participate in practice. His thought of democracy and rule by law still has great reference significance and great reference value. In view of this, carefully studied Li Dazhao democracy and the rule of law related ideas. This paper tries to find some enlightenment to the construction of a country ruled by law and the implementation of the rule of law under the leadership of the Communist Party of China. This article is divided into six parts to give a detailed description. Here's the overall structure of the article: The first part analyzes the social and historical background of Li Dazhao's thought of democracy and rule of law. This paper probes into the origin of this thought from the background of the times, culture, social and economic development and the theoretical background of Comrade Li Dazhao. The second part, further summarizes this thought the development process. It is divided into three stages: admiring the western democratic politics, devoting to the stage of democratic republicanism and converting to Marxism theory. In the third part, the author expounds his democratic thought, first studies his "Minyi thought", then analyzes his opposition to the feudal ethics of Confucius, and finally discusses in detail his "populism" thought. In the fourth part, the author probes into Li Dazhao's thought of constitutional governance, which advocates the supremacy of constitutional governance and constitutional law. It begins with the theory of separation of powers and the electoral system, and then analyzes his ideas of constitution-making and provincial governance. The fifth part expounds Li Dazhao's thought of human rights, because protecting human rights is the fundamental purpose of advocating democracy and rule of law. From his national self-determination, protection of life and health, protection of women's rights, protection of the right to freedom are elaborated in detail. The sixth part analyzes the limitation of Li Dazhao's thought of democracy and rule of law and its enlightenment to the construction of a democratic country under the rule of law. Thus, the basic purpose of the study of democracy and the rule of law is achieved, in order to provide a little reference for the theory of social construction of rule of law in our country.
【学位授予单位】：湖南科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D092

【参考文献】