马克思主义法治理论中国化研究
发布时间：2019-07-10 16:31
【摘要】：马克思主义法治理论中国化,是在总结中国共产党领导治理国家与社会的实践经验,并使之上升为理论,丰富和发展马克思主义法治理论,形成中国化的马克思主义法治理论,是马克思主义法学中国化的重要组成部分。马克思主义法治理论中国化,就是运用马克思主义基本原理,将马克思主义法治理论,运用于中国法治建设实践的过程。马克思主义法治理论为中国的法治建设提供了重要的理论指导,而中国共产党人在坚持不懈的社会主义法治建设中,也在不断地丰富、完善马克思主义的法治理论。在这一过程中,我们正确解答了国家与政党、政党与法律、政党与人民、人民与法律、人民与国家等的关系问题,探寻了国家实现长治久安的治理方式,摸索了实现人的自由与解放的基本路径。 马克思主义法治理论中国化的历史进程,是一个漫长的过程,也经受过像“文化大革命”那样的很多严重挫折,有着深重的历史教训。但是在马克思主义法治理论中国化的过程中,我们党始终坚持住了马克思主义的基本立场和方法,取得了一些基本经验。首先,正确地解决了党的领导、人民当家作主与依法治国三者之间的关系。其次,创造性地赋予了马克思主义法治理论以民族特性和民族气派。通过党的特殊的群众动员机制使马克思主义法治理论真正地与中国社会的法治实践相结合,并且得到不断的发展。同时,随着时代的不断变化,不断赋予了马克思主义法治以鲜明的时代特色,使它与时俱进不断丰富和发展,更好地服务于社会主义建设。获取了某些启示:只有准确理解马克思主义法治思想的核心要义,顺应时代、立足中国法治实践,推进中国法治建设;也只有正确处理马克思主义法治基本原理与传统法治资源的关系,才能发展马克思主义法治理论;只有敢于并善于批判继承西方法治资源,才能在交锋和论争中加强和完善自身。 通过对马克思、恩格斯和列宁等经典作家法治思想的学习与吸收,经过近90年的发展,马克思主义法治理论的中国化取得了丰硕的成果:毛泽东思想中的人民民主专政和人民民主法制理论和中国特色社会主义法治理论体系。中国特色社会主义法治理论体系,体现在邓小平理论、“三个代表”重要思想、科学发展观与和谐社会建设等关于民主与法治建设的重要理论中,其中“在科学发展观指导下,坚持党的领导、人民当家作主、依法治国的有机统一”是中国化的马克思主义法治理论核心中的核心。 马克思主义法治理论中国化的问题,是一个永恒的主题。我们已经进入到了社会主义民主法治建设新时期,面临着新形势新任务新课题的考验。环视当前的中国化马克思主义法治理论,无论是在内部理论结构还是理论与其他社会存在的外部关系上,还存在诸多挑战,比如:马克思主义法治理论尚未完全展开,一些基本问题有待深入解决;法律的实践性对马克思主义法治理论的进化提出了更高的要求;中国化的马克思主义法治理论在时代发展的驱动下,面临重大突破的压力等。马克思主义法治理论中国化,是马克思主义系统性工程中重要的一环。作为系统工程,在中国化的马克思主义法治理论建设过程中,我们必须根据中心工作,选准、瞄准建设目标,有重点、有层次的推进,将国家的法治状况、社会的法治秩序、民众的法治意识提升到一个新的境界,以实现富民强国、长治久安的美好愿景。
[Abstract]:The sinicization of the theory of the rule of law in Marxism is to sum up the practical experience of the leadership of the Communist Party of China and the society, and to make it rise to the theory, to enrich and develop the theory of the rule of law of Marxism, and to form the Marxism rule of law theory in China. It is an important part of the sinicization of the law of Marxism. The sinicization of the theory of the rule of law in Marxism is the process of applying the theory of Marxism to the rule of law and applying to the practice of the building of the rule of law in China. The theory of the rule of law of Marxism provides an important theoretical guidance for the construction of the rule of law in China, and the Chinese Communist Party is constantly enriching and perfecting the theory of the rule of law in the socialist rule of law construction. In this process, we have correctly solved the relationship between the state and the political parties, the political parties and the law, the political parties and the people, the people and the people, the people and the people, and the people and the state. The historical process of the sinicization of the theory of the rule of law in Marxism is a long process, and it also has a lot of serious setbacks like the "the cultural revolution" and has a deep history. But in the process of the sinicization of the theory of the rule of law in Marxism, our party has always adhered to the basic position and method of Marxism, and made some basic principles First of all, it is correct to solve the problems of the leadership of the Party, the people's ownership and the rule of law. Secondly, the author creatively gives the theory of the rule of law of Marxism to the national character and the national By the special mass mobilization mechanism of the Party, the theory of the rule of law of Marxism is really combined with the practice of the rule of law in the Chinese society, and it is continuously At the same time, with the changing of the times, the rule of law of Marxism is continuously endowed with the distinct characteristics of the times, so that it is constantly enriched and developed with the times, and the socialism is better served in socialism The construction of the theory of the rule of law is the core of the thought of the rule of law of the Marxism. It should be based on the practice of the rule of law in China and promote the construction of the rule of law in China. The basic principle of the rule of law of Marxism and the resources of the traditional rule of law should be dealt with correctly. The relationship can only develop the theory of Marxist rule of law; only dare to criticize and inherit the western rule of law resources can be strengthened and perfected in the confrontation and debate Through the study and absorption of the rule of law of the classical writers such as Marx, Engels and Lenin, through the development of nearly 90 years, the sinicization of the theory of the rule of law of Marxism has been achieved. fruitful results: the people's democratic dictatorship and the people's democratic rule of law in Mao Zedong Thought and the socialist law with Chinese characteristics The theoretical system of the rule of law of socialism with Chinese characteristics is reflected in the important theory of the construction of democracy and the rule of law, such as Deng Xiaoping's theory, the important thought of the "Three Represents", the scientific development view and the construction of the harmonious society, in which the "Under the guidance of the scientific development view, we stick to the organic unity of the leadership of the Party, the people's ownership and the rule of law." is the core of the Marxist rule of law in China. The core of the heart. The problem of the sinicization of the theory of the rule of law in Marxism, It is an eternal theme. We have entered the new period of socialist democracy and the rule of law, and we are facing the new situation. The test of the new task of the task is as follows: the current Chinese Marxism rule of law theory, whether in the internal theoretical structure or the external relation of the theory and other social existence, also has many challenges, such as: the theory of the rule of law of Marxism has not yet been fully expanded, and some basic principles The problem is to be solved in-depth; the practice of the law has put forward a higher requirement for the evolution of the theory of the rule of law in Marxism; the Chinese Marxist rule of law theory is under the drive of the development of the times The pressure of major breakthrough, etc. The sinicization of the theory of the rule of law in Marxism is the systemic of Marxism. As a system engineering, in the process of China's theory of the rule of law in China, we must focus on the work of the center, the selection, the aim of aiming, the focus, the promotion of the level, and the state of the country's rule of law. The rule of the rule of law of the society and the consciousness of the people's rule of law are promoted to a new state, so as to realize the great power of the people and the long
【学位授予单位】：中国石油大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：D90;D61
本文编号：2512726
[Abstract]:The sinicization of the theory of the rule of law in Marxism is to sum up the practical experience of the leadership of the Communist Party of China and the society, and to make it rise to the theory, to enrich and develop the theory of the rule of law of Marxism, and to form the Marxism rule of law theory in China. It is an important part of the sinicization of the law of Marxism. The sinicization of the theory of the rule of law in Marxism is the process of applying the theory of Marxism to the rule of law and applying to the practice of the building of the rule of law in China. The theory of the rule of law of Marxism provides an important theoretical guidance for the construction of the rule of law in China, and the Chinese Communist Party is constantly enriching and perfecting the theory of the rule of law in the socialist rule of law construction. In this process, we have correctly solved the relationship between the state and the political parties, the political parties and the law, the political parties and the people, the people and the people, the people and the people, and the people and the state. The historical process of the sinicization of the theory of the rule of law in Marxism is a long process, and it also has a lot of serious setbacks like the "the cultural revolution" and has a deep history. But in the process of the sinicization of the theory of the rule of law in Marxism, our party has always adhered to the basic position and method of Marxism, and made some basic principles First of all, it is correct to solve the problems of the leadership of the Party, the people's ownership and the rule of law. Secondly, the author creatively gives the theory of the rule of law of Marxism to the national character and the national By the special mass mobilization mechanism of the Party, the theory of the rule of law of Marxism is really combined with the practice of the rule of law in the Chinese society, and it is continuously At the same time, with the changing of the times, the rule of law of Marxism is continuously endowed with the distinct characteristics of the times, so that it is constantly enriched and developed with the times, and the socialism is better served in socialism The construction of the theory of the rule of law is the core of the thought of the rule of law of the Marxism. It should be based on the practice of the rule of law in China and promote the construction of the rule of law in China. The basic principle of the rule of law of Marxism and the resources of the traditional rule of law should be dealt with correctly. The relationship can only develop the theory of Marxist rule of law; only dare to criticize and inherit the western rule of law resources can be strengthened and perfected in the confrontation and debate Through the study and absorption of the rule of law of the classical writers such as Marx, Engels and Lenin, through the development of nearly 90 years, the sinicization of the theory of the rule of law of Marxism has been achieved. fruitful results: the people's democratic dictatorship and the people's democratic rule of law in Mao Zedong Thought and the socialist law with Chinese characteristics The theoretical system of the rule of law of socialism with Chinese characteristics is reflected in the important theory of the construction of democracy and the rule of law, such as Deng Xiaoping's theory, the important thought of the "Three Represents", the scientific development view and the construction of the harmonious society, in which the "Under the guidance of the scientific development view, we stick to the organic unity of the leadership of the Party, the people's ownership and the rule of law." is the core of the Marxist rule of law in China. The core of the heart. The problem of the sinicization of the theory of the rule of law in Marxism, It is an eternal theme. We have entered the new period of socialist democracy and the rule of law, and we are facing the new situation. The test of the new task of the task is as follows: the current Chinese Marxism rule of law theory, whether in the internal theoretical structure or the external relation of the theory and other social existence, also has many challenges, such as: the theory of the rule of law of Marxism has not yet been fully expanded, and some basic principles The problem is to be solved in-depth; the practice of the law has put forward a higher requirement for the evolution of the theory of the rule of law in Marxism; the Chinese Marxist rule of law theory is under the drive of the development of the times The pressure of major breakthrough, etc. The sinicization of the theory of the rule of law in Marxism is the systemic of Marxism. As a system engineering, in the process of China's theory of the rule of law in China, we must focus on the work of the center, the selection, the aim of aiming, the focus, the promotion of the level, and the state of the country's rule of law. The rule of the rule of law of the society and the consciousness of the people's rule of law are promoted to a new state, so as to realize the great power of the people and the long
【学位授予单位】：中国石油大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：D90;D61
【引证文献】
相关硕士学位论文 前1条
1 何山;商鞅法治思想及其当代价值研究[D];西北农林科技大学;2013年
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