當代中國社會法律信仰培育路徑研究
發(fā)布時間：2018-08-03 09:39
【摘要】：深入貫徹落實“依法治國”的基本方略,加快建設社會主義法治國家,不僅是社會主義市場經濟發(fā)展的客觀需要,也是我國社會文明發(fā)展的必然選擇。而法律信仰則是法治的靈魂,是其重要的思想構建和心理基礎。中國共產黨十八屆四中全會提出“法律的權威源自于人民的內心擁護和真誠信仰”,明確肯定了社會主義法律信仰在構建社會主義法治體系,建設法治國家中的基礎性地位。但就我國的目前狀況來看,社會主義法律信仰的建立還任重道遠,社會整體法治意識還比較淡薄,法治文化氛圍還遠未形成,法的基本價值和法治精神還得不到社會主體的普遍擁護。所以,法律信仰不足是當前我國法治建設首先必須重視和解決的問題,培育法律信仰是我國建設中國特色社會主義法治國家的重要任務。中西方社會背景的差異決定了中國和西方發(fā)達國家對于法律信仰的認知差別,法律信仰起源于西方,伯爾曼的著作《法律與宗教》通過闡述法律與宗教的關系提出“法律必須被信仰,否則形同虛設”的著名論斷,之后在《法律與革命》中提出以對法律的信仰解決西方傳統(tǒng)法律危機;20世紀90年代法律信仰傳入中國,隨著中國社會主義市場經濟的發(fā)展,學界從不同角度展開了對法律信仰的討論,現(xiàn)在研究多集中在法律信仰價值分析和培育路徑探討兩個層面,且多為一般學理意義上的闡釋,為研究法律信仰的意義和培育之必要性提供了豐富的理論依據(jù),但是多數(shù)研究缺少直接以當代中國社會主義法律信仰為對象的實證性研究,反之,打開了以實踐為目的的研究法律信仰培育路徑的新思路。法律信仰是社會主體對體現(xiàn)人類最高價值的法律和依法治理方式的一種理性的、自覺的把握,是心理狀態(tài)和行為狀態(tài)的有機統(tǒng)一。法律作為被信仰的對象因其具備自由-人權性、效率-利益性和保障-救濟性,實質上,法律信仰的對象是法律的精神,法律信仰的形成是一個漫長的過程;我國的法治進程走過了一條曲折的道路:建國初法制建設剛起步,法治仍舊處于人治之下;改革開放之后,文化大革命悲劇的發(fā)生造成法制體系雛形崩潰;1992年以后到現(xiàn)在,中國進入法治建設的重要階段,法律信仰被作為大眾追求的價值觀和理想,對建設中國特色社會主義法治體系具有重要意義;培育法律信仰是構建社會主義法治體系的必然要求,是保證其高效運行的重要條件,同時對增強公民法律意識具有重要作用。在法治實踐過程中仍存在諸多問題,導致我國法律信仰不足。主要表現(xiàn)在立法、執(zhí)法、司法和守法四個方面,公民對立法產品感到陌生,權利駕馭在法律之上的現(xiàn)象經常發(fā)生,執(zhí)法和司法活動喪失公信力并缺乏嚴格有效的監(jiān)督等等都是我國法律信仰不足的表現(xiàn),其中既有歷史原因也有現(xiàn)實因素,歷史上受我國長期自給自足的自然經濟和傳統(tǒng)法律文化的影響,現(xiàn)實因素包括當今法治環(huán)境不完善、法律宣傳教育不到位和對法律信仰理論認識不足等原因。培育我國公民的法律信仰,必須從本土文化和環(huán)境出發(fā),利用我國傳統(tǒng)道德的主導作用引導公民向以法律信仰為追求的轉化,最主要的是加強法制建設在立法、執(zhí)法、司法等方面的強度,同時做好法制宣傳和教育的工作,改變粗放單一的普法模式,除此之外,大力發(fā)展社會主義市場經濟,為培育公民信仰創(chuàng)造有利的實施環(huán)境。實現(xiàn)中國社會的法律信仰對構建社會主義和諧社會具有重要的意義。
[Abstract]:It is not only an objective need for the development of socialist market economy, but also an inevitable choice for the development of social civilization in our country. The legal belief is the soul of the rule of law, and its important thinking and thinking construction and psychological foundation. The eighteen session of the Communist Party of China four The Central Committee proposed that the authority of the law originates from the inner support and sincere belief of the people, and clearly affirms the basic position of the socialist legal belief in building a socialist legal system and building a country under the rule of law. However, as far as the current state of our country is concerned, the establishment of the socialist legal belief is still a long way to go, and the whole society is governed by the rule of law. The cultural atmosphere of the rule of law is still far from being formed. The basic value of law and the spirit of the rule of law can not be widely supported by the social subject. Therefore, the lack of legal belief is the first problem that we must attach importance to and solve in the construction of the rule of law in China. The difference between the Chinese and western social backgrounds determines the cognitive differences between China and the developed countries in the West. The legal belief originates in the West. Berman's works "law and religion", by expounding the relationship between law and religion, put forward a famous argument that "law must be believed, otherwise the form is empty", and then in the law and revolution. It is proposed to solve the western traditional legal crisis with the belief in the law. In 1990s, the legal belief was introduced into China. With the development of the Chinese socialist market economy, the academic circles started the discussion of the legal belief from different angles. Now the research is mainly focused on the analysis of the value analysis of the legal belief and the cultivation path of the two aspects, and most of them are general. The interpretation in the sense of theory provides a rich theoretical basis for the study of the significance of legal belief and the necessity of cultivation, but most of the studies lack empirical research on the socialist legal belief of contemporary China. On the contrary, it opens a new train of thought for the study of the cultivation of legal belief. A rational and conscious grasp of the law and the way of governance that embodies the highest value of human beings is the organic unity of the state of mind and the state of behavior. As the object of faith, the law is the object of the law as the object of freedom, human rights, efficiency, benefit and guarantee. In essence, the object of the legal belief is the spirit of the law. The formation of the law belief is a long process, and the process of the rule of law in China has gone through a tortuous road: the construction of the legal system at the beginning of the founding of the people's Republic of China has just started and the rule of law is still under the rule of man. After the reform and opening up, the tragedy of the Cultural Revolution resulted in the collapse of the legal system. Since 1992, China has entered an important stage of the construction of the rule of law. As the values and ideals pursued by the masses, legal beliefs are of great significance to the construction of a socialist legal system with Chinese characteristics, and the cultivation of legal beliefs is an inevitable requirement for building a socialist system of rule of law, an important condition for ensuring its efficient operation, and an important role in strengthening the legal consciousness of the public and the people. There are still many problems in the course, which leads to the lack of legal belief in our country, which is mainly manifested in four aspects of legislation, law enforcement, judicial and law abiding, the citizens are strange to the legislative products, the right to control the law is often happening, the loss of public trust in law enforcement and judicial activities and the lack of strict and effective supervision are all the legal beliefs of our country. The performance of the foot has both historical and realistic factors. History is influenced by our country's long-term self-sufficient natural economy and traditional legal culture. The realistic factors include the reasons for the imperfect environment of the rule of law, the lack of legal propaganda and education and the lack of understanding of the theory of legal belief. Starting from the local culture and environment, using the dominant role of Chinese traditional morality to guide the transformation of citizens to the pursuit of legal belief, the most important thing is to strengthen the strength of legal construction in legislation, law enforcement, judicature and so on. At the same time, we should do a good job of legal publicity and education, change the unitary and unitary mode of universal law, in addition, vigorously develop the society. The market economy will create a favorable environment for the cultivation of citizens' belief, and the realization of the legal belief of Chinese society is of great significance to the construction of a socialist harmonious society.
【學位授予單位】：西安理工大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D920.0
本文編號：2161341
[Abstract]:It is not only an objective need for the development of socialist market economy, but also an inevitable choice for the development of social civilization in our country. The legal belief is the soul of the rule of law, and its important thinking and thinking construction and psychological foundation. The eighteen session of the Communist Party of China four The Central Committee proposed that the authority of the law originates from the inner support and sincere belief of the people, and clearly affirms the basic position of the socialist legal belief in building a socialist legal system and building a country under the rule of law. However, as far as the current state of our country is concerned, the establishment of the socialist legal belief is still a long way to go, and the whole society is governed by the rule of law. The cultural atmosphere of the rule of law is still far from being formed. The basic value of law and the spirit of the rule of law can not be widely supported by the social subject. Therefore, the lack of legal belief is the first problem that we must attach importance to and solve in the construction of the rule of law in China. The difference between the Chinese and western social backgrounds determines the cognitive differences between China and the developed countries in the West. The legal belief originates in the West. Berman's works "law and religion", by expounding the relationship between law and religion, put forward a famous argument that "law must be believed, otherwise the form is empty", and then in the law and revolution. It is proposed to solve the western traditional legal crisis with the belief in the law. In 1990s, the legal belief was introduced into China. With the development of the Chinese socialist market economy, the academic circles started the discussion of the legal belief from different angles. Now the research is mainly focused on the analysis of the value analysis of the legal belief and the cultivation path of the two aspects, and most of them are general. The interpretation in the sense of theory provides a rich theoretical basis for the study of the significance of legal belief and the necessity of cultivation, but most of the studies lack empirical research on the socialist legal belief of contemporary China. On the contrary, it opens a new train of thought for the study of the cultivation of legal belief. A rational and conscious grasp of the law and the way of governance that embodies the highest value of human beings is the organic unity of the state of mind and the state of behavior. As the object of faith, the law is the object of the law as the object of freedom, human rights, efficiency, benefit and guarantee. In essence, the object of the legal belief is the spirit of the law. The formation of the law belief is a long process, and the process of the rule of law in China has gone through a tortuous road: the construction of the legal system at the beginning of the founding of the people's Republic of China has just started and the rule of law is still under the rule of man. After the reform and opening up, the tragedy of the Cultural Revolution resulted in the collapse of the legal system. Since 1992, China has entered an important stage of the construction of the rule of law. As the values and ideals pursued by the masses, legal beliefs are of great significance to the construction of a socialist legal system with Chinese characteristics, and the cultivation of legal beliefs is an inevitable requirement for building a socialist system of rule of law, an important condition for ensuring its efficient operation, and an important role in strengthening the legal consciousness of the public and the people. There are still many problems in the course, which leads to the lack of legal belief in our country, which is mainly manifested in four aspects of legislation, law enforcement, judicial and law abiding, the citizens are strange to the legislative products, the right to control the law is often happening, the loss of public trust in law enforcement and judicial activities and the lack of strict and effective supervision are all the legal beliefs of our country. The performance of the foot has both historical and realistic factors. History is influenced by our country's long-term self-sufficient natural economy and traditional legal culture. The realistic factors include the reasons for the imperfect environment of the rule of law, the lack of legal propaganda and education and the lack of understanding of the theory of legal belief. Starting from the local culture and environment, using the dominant role of Chinese traditional morality to guide the transformation of citizens to the pursuit of legal belief, the most important thing is to strengthen the strength of legal construction in legislation, law enforcement, judicature and so on. At the same time, we should do a good job of legal publicity and education, change the unitary and unitary mode of universal law, in addition, vigorously develop the society. The market economy will create a favorable environment for the cultivation of citizens' belief, and the realization of the legal belief of Chinese society is of great significance to the construction of a socialist harmonious society.
【學位授予單位】：西安理工大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D920.0
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