法治意识现状之初探
发布时间：2018-11-20 08:44
【摘要】： 法治,rule of law,由法律来统治,而不是用法律来统治,仅仅一次之差,差别却是有本质区别的。法治这一概念是舶来品,中国古代“法治”内涵与当代是有很大差别的。当代的法治所应具备的品质有：良法之治、法律的最高权威性、能够满足多元的价值诉求、独立不受外来因素影响及制度上的正当程序。 新中国成立后,我们从最初提倡“法制”到现在转向“法治”,表明了制度的建立并不意味着最终效果的实现。那么,在制度逐渐完善的今天,我们的法治建设到底应该何去何从呢?也许我们欠缺西方法治理念提倡的法治土壤,但是,法治所追求的自由、公平、正义和对人权的保障,是社会发展中人们共同的追求。因此,只有社会中的大部分人具有追求法治社会的意识,他们才能通过行为体现并实现法治社会的蓝图。故普及法治意识,培养完善法治意识是通往法治社会的必经途径。 本文第一部分以法治和法治意识为主要内容,界定了法治的概念,通过对法治概念的溯源,分析了法治社会所应有的品质。同时,指出了法治意识对于建设法治社会的重要性。第二部分中,以2009年中国法治蓝皮书中提到的邓玉娇案为例,从政府权力监督,司法独立,及公众的舆论监督等方面进行剖析,得出了尽管当前民众法治意识不断增强,但是依然存在很多急需解决的问题。文章第三部分以中国古代传统文化以切入点,分析了近代中国法治意识缺失的原因。继而在最后一部分就法治意识的改善提出了自己的一些薄见,以期在看到问题,认识问题之后,能自我分析与试图解决---尽管这些对于法治建设是微不足道的努力。
[Abstract]:The rule of law, rule of law, is governed by law, not by law. The concept of rule of law is imported, and the connotation of "rule of law" in ancient China is quite different from that of contemporary times. The characteristics of the contemporary rule of law are: the governance of good law, the supreme authority of the law, the ability to satisfy the pluralistic demands of value, the independence from the influence of external factors and the due process in the system. After the founding of New China, we changed from advocating "the rule of law" to "the rule of law", which shows that the establishment of the system does not mean the realization of the final effect. So, in the gradual improvement of the system today, what should we do with the construction of the rule of law? Perhaps we lack the rule of law soil advocated by the western concept of rule of law, but the pursuit of freedom, fairness, justice and protection of human rights is the common pursuit of social development. Therefore, only if most people in the society have the consciousness of pursuing a society ruled by law, can they embody and realize the blueprint of a society ruled by law through behavior. Therefore, popularizing the consciousness of rule of law and cultivating and perfecting the consciousness of rule of law is the necessary way to the society of rule of law. In the first part of this paper, the author defines the concept of rule of law by taking the rule of law and consciousness of the rule of law as the main content, and analyzes the quality of the society ruled by law through tracing the source of the concept of rule of law. At the same time, it points out the importance of the consciousness of rule of law for the construction of a society ruled by law. In the second part, taking the case of Deng Yujiao mentioned in the Blue Book on the Rule of Law in China in 2009 as an example, from the aspects of government power supervision, judicial independence, and public opinion supervision, it is concluded that despite the increasing awareness of the rule of law among the people at present, But there are still many problems that need to be solved. In the third part, the author analyzes the reasons for the lack of consciousness of rule of law in modern China. Then in the last part, the author puts forward some suggestions on the improvement of the consciousness of rule of law, in the hope of analyzing and trying to solve the problem after seeing the problem and understanding the problem-although these efforts are insignificant for the construction of the rule of law.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
本文编号：2344444
[Abstract]:The rule of law, rule of law, is governed by law, not by law. The concept of rule of law is imported, and the connotation of "rule of law" in ancient China is quite different from that of contemporary times. The characteristics of the contemporary rule of law are: the governance of good law, the supreme authority of the law, the ability to satisfy the pluralistic demands of value, the independence from the influence of external factors and the due process in the system. After the founding of New China, we changed from advocating "the rule of law" to "the rule of law", which shows that the establishment of the system does not mean the realization of the final effect. So, in the gradual improvement of the system today, what should we do with the construction of the rule of law? Perhaps we lack the rule of law soil advocated by the western concept of rule of law, but the pursuit of freedom, fairness, justice and protection of human rights is the common pursuit of social development. Therefore, only if most people in the society have the consciousness of pursuing a society ruled by law, can they embody and realize the blueprint of a society ruled by law through behavior. Therefore, popularizing the consciousness of rule of law and cultivating and perfecting the consciousness of rule of law is the necessary way to the society of rule of law. In the first part of this paper, the author defines the concept of rule of law by taking the rule of law and consciousness of the rule of law as the main content, and analyzes the quality of the society ruled by law through tracing the source of the concept of rule of law. At the same time, it points out the importance of the consciousness of rule of law for the construction of a society ruled by law. In the second part, taking the case of Deng Yujiao mentioned in the Blue Book on the Rule of Law in China in 2009 as an example, from the aspects of government power supervision, judicial independence, and public opinion supervision, it is concluded that despite the increasing awareness of the rule of law among the people at present, But there are still many problems that need to be solved. In the third part, the author analyzes the reasons for the lack of consciousness of rule of law in modern China. Then in the last part, the author puts forward some suggestions on the improvement of the consciousness of rule of law, in the hope of analyzing and trying to solve the problem after seeing the problem and understanding the problem-although these efforts are insignificant for the construction of the rule of law.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前1条
1 刘鑫;中国民众法治意识强化问题研究[D];吉林大学;2012年
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