权利主张与基层民主发展
发布时间：2018-07-16 08:29
【摘要】：党的十七大报告在部署社会主义政治建设时,把发展基层民主、保障人民享有更多更切实的民主权利作为发展社会主义民主政治的基础性工程重点推进,发展基层民主与实现公民权利也因此成为诸多专家和学者日益关注的课题。公民权利作为发展基层民主的一项重要内容,它的实现离不开权利授予、权利主张和权利保障及救济等过程,其中公民对权利的主动表达及主张是实现公民权利的重要一环。 随着现代法治社会的逐渐建立,我国城乡居民正在或已经发生这样一种变化：在维护自我利益和寻求生存发展机会方面拥有更多样化的路径选择,个体自主意识和权利观念在逐渐增强,权利表达和维权行动愈来愈多元化,居民正逐渐发展成为公民,其权利主张也逐步生长起来。怎样从理论层面分析、解释这些现象,把握公民权利主张的深层次运作逻辑并分析研究其存在的问题,以更好的促进基层民主发展是本论文的主要研究内容。 公民权利从文本到实践的过程,往往并不完全遵循国家法律制度制定者的导向,即这些法律制度可以完全满足公民并使其采取正当行动实现公民权的预想。公民权利的实现受到两方面因素的影响,一方面是权利的主体——公民面对制度赋予的权利时的行为选择；另一方面在于制度赋予的公民权利与基层实际的契合度,法律制度文本在遭遇基层实际时,会以其特有的逻辑展开。本论文将结合文本资料和基层实际,通过分析权利主张中的权利意识和行为表达,考察公民权利主张的生成逻辑及现状；结合法律制度和基层实践,探讨基层民主发展过程中公民权利主张的实践及状态；结合案例研究进一步考察我国公民经常出现的权利主张困境——无表达的权利意识、无意识的权利表达及无意识无表达等问题并分析其原因,以公民权利主张促进基层民主发展。
[Abstract]:In the report of the 17th National Congress of the CPC on the deployment of socialist political construction, it put the development of grass-roots democracy and ensuring the people's enjoyment of more and more practical democratic rights as the key points of the basic project for developing socialist democratic politics. Therefore, the development of grass-roots democracy and the realization of civil rights have become increasingly concerned by many experts and scholars. As an important part of the development of grass-roots democracy, the realization of civil rights is inseparable from the process of right conferment, right claim, right guarantee and relief, among which citizens' active expression and claim of right is an important part of realizing citizen's right. With the gradual establishment of the modern society of rule of law, the urban and rural residents of our country are undergoing or have undergone such a change: they have more diversified path choices in safeguarding their own interests and seeking opportunities for survival and development. The individual consciousness of autonomy and the concept of rights are gradually strengthened, the expression of rights and the action of safeguarding rights are becoming more and more diversified, the residents are gradually developing into citizens, and their claims of rights are also gradually growing up. How to analyze and explain these phenomena from the theoretical level, grasp the deep operating logic of civil rights claims and analyze the existing problems, in order to better promote the development of grass-roots democracy is the main research content of this paper. The process of civil rights from text to practice often does not completely follow the guidance of the national legal system, that is, these legal systems can completely satisfy citizens and make them take proper action to realize the expectation of citizenship. The realization of civil rights is affected by two factors: on the one hand, the subject of right-the behavior choice of citizens in the face of the rights conferred by the system; on the other hand, the degree of conformity between the civil rights conferred by the system and the actual situation at the grass-roots level. The text of the legal system will develop with its unique logic when it encounters the actual situation at the grassroots level. In this paper, the author will analyze the sense of right and the expression of behavior in the claim of rights by combining the text and the reality of the basic level, to investigate the logic of the formation and the present situation of the claim of civil rights, the combination of the legal system and the practice at the grass-roots level. This paper probes into the practice and state of citizens' claim of rights in the course of the development of grass-roots democracy, and further studies the dilemma of claim of rights, which is often appeared by Chinese citizens, in the light of the case study, that is, the consciousness of unexpressed rights. The problems of unconscious right expression and unconscious no expression are analyzed and the civil rights claim is used to promote the development of democracy at the grass-roots level.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D621
[Abstract]:In the report of the 17th National Congress of the CPC on the deployment of socialist political construction, it put the development of grass-roots democracy and ensuring the people's enjoyment of more and more practical democratic rights as the key points of the basic project for developing socialist democratic politics. Therefore, the development of grass-roots democracy and the realization of civil rights have become increasingly concerned by many experts and scholars. As an important part of the development of grass-roots democracy, the realization of civil rights is inseparable from the process of right conferment, right claim, right guarantee and relief, among which citizens' active expression and claim of right is an important part of realizing citizen's right. With the gradual establishment of the modern society of rule of law, the urban and rural residents of our country are undergoing or have undergone such a change: they have more diversified path choices in safeguarding their own interests and seeking opportunities for survival and development. The individual consciousness of autonomy and the concept of rights are gradually strengthened, the expression of rights and the action of safeguarding rights are becoming more and more diversified, the residents are gradually developing into citizens, and their claims of rights are also gradually growing up. How to analyze and explain these phenomena from the theoretical level, grasp the deep operating logic of civil rights claims and analyze the existing problems, in order to better promote the development of grass-roots democracy is the main research content of this paper. The process of civil rights from text to practice often does not completely follow the guidance of the national legal system, that is, these legal systems can completely satisfy citizens and make them take proper action to realize the expectation of citizenship. The realization of civil rights is affected by two factors: on the one hand, the subject of right-the behavior choice of citizens in the face of the rights conferred by the system; on the other hand, the degree of conformity between the civil rights conferred by the system and the actual situation at the grass-roots level. The text of the legal system will develop with its unique logic when it encounters the actual situation at the grassroots level. In this paper, the author will analyze the sense of right and the expression of behavior in the claim of rights by combining the text and the reality of the basic level, to investigate the logic of the formation and the present situation of the claim of civil rights, the combination of the legal system and the practice at the grass-roots level. This paper probes into the practice and state of citizens' claim of rights in the course of the development of grass-roots democracy, and further studies the dilemma of claim of rights, which is often appeared by Chinese citizens, in the light of the case study, that is, the consciousness of unexpressed rights. The problems of unconscious right expression and unconscious no expression are analyzed and the civil rights claim is used to promote the development of democracy at the grass-roots level.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D621
【参考文献】
相关期刊论文 前10条
1 韩丽欣;郑国;;权利主张的表达问题研究[J];法制与社会;2008年24期
2 杨雪冬;;地方人大监督权的有效实现[J];公共管理评论;2005年00期
3 陈润羊;花明;;我国环境保护中的公众参与问题研究[J];广州环境科学;2006年03期
4 李华雷;在城市规划中强化公众参与的几点思考[J];黑河学刊;2004年03期
5 徐勇;;“接点政治”:农村群体性事件的县域分析——一个分析框架及以若干个案为例[J];华中师范大学学报(人文社会科学版);2009年06期
6 薄贵利;中国公共管理中的公民参与[J];国家行政学院学报;2000年05期
7 刘月平;;公民权利意识培育与中国民主政治发展[J];前沿;2008年09期
8 白友涛;朱玲芳;;城市社区民间组织发展状况调查——以南京市鼓楼区社区民间组织为例[J];社区;2006年02期
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