董必武依法執(zhí)政思想研究
發(fā)布時間：2018-10-18 06:45
【摘要】：中國共產(chǎn)黨在十六大上明確提出要堅持依法執(zhí)政，強調(diào)依法執(zhí)政能力是各級黨委和領(lǐng)導干部必須具備的五種能力之一。十六屆四中全會再次強調(diào)新的歷史條件下依法執(zhí)政是黨執(zhí)政的一個基本方式。十七大報告明確了把提高黨科學執(zhí)政、民主執(zhí)政、依法執(zhí)政水平作為黨的偉大任務(wù)之一，這就需要中國共產(chǎn)黨既要借鑒在革命、建設(shè)、改革的執(zhí)政實踐中積累的寶貴經(jīng)驗，又要放眼世界，吸收借鑒世界各國執(zhí)政黨的有益成果，結(jié)合實踐，不斷完善黨的執(zhí)政理論，提高黨的依法執(zhí)政水平，增強黨的執(zhí)政能力建設(shè)。 董必武作為中國共產(chǎn)黨的重要領(lǐng)導者之一和新中國法制方面的主要奠基人之一，他一生執(zhí)著追求法治思想，強調(diào)法律在管理國家政權(quán)和社會生活中的重要作用，通過立法、司法、執(zhí)法、守法、法律教育等全面構(gòu)建社會主義法律體系，以有法必依為重，樹立社會主義法制權(quán)威。本論文運用歷史文獻，通過對董必武傳記、文集及其政治法律思想著作等縱橫梳理，深入剖析董必武依法執(zhí)政思想，以期得到對當今黨依法執(zhí)政的有益指導和啟示。 本文主要分三個部分：第一部分介紹董必武依法執(zhí)政思想形成的背景條件。其主觀條件是董必武青年時期留學日本攻讀法律專業(yè)，獲得專業(yè)的法律知識，為其奠定深厚的法學知識�；貒蠼邮荞R克思主義，五四運動前后轉(zhuǎn)變?yōu)轳R列主義者，從此成為馬列主義法學觀的信徒�？陀^條件是隨著新民主主義革命的發(fā)展，武裝斗爭和根據(jù)地建設(shè)成為中國共產(chǎn)黨領(lǐng)導新民主主義革命的兩個重要方面，為更好的配合武裝斗爭，法制建設(shè)對開展根據(jù)地政權(quán)建設(shè)的作用越發(fā)重要，董必武開始了根據(jù)地法制建設(shè)的實踐。建國后，新中國法制不健全，中國共產(chǎn)黨作為執(zhí)政黨迫切需要建立法律制度鞏固、建設(shè)、管理國家，董必武受任主持新中國的政法工作。第二部分介紹董必武依法執(zhí)政思想的主要內(nèi)容。其主要內(nèi)容包括：其一，在國家政權(quán)建立建設(shè)中，健全的法律制度是執(zhí)政黨依法執(zhí)政的前提；其二，依法執(zhí)政必須堅持黨政分開原則，是依法執(zhí)政的關(guān)鍵。黨必須按政府法令制度行使國家政權(quán)，要使政府真正有權(quán)，，有效實現(xiàn)人民的利益，否則，就是家長制，喪失民主，最終削弱黨對國家的領(lǐng)導；（三）正確理順黨法關(guān)系。法律有至上的權(quán)威性，所以黨和國家政權(quán)的活動必須在憲法和法律規(guī)定的范圍之內(nèi)，而黨不按照法律辦事的表現(xiàn)之一就是黨政不分。以黨代法，以權(quán)壓法長期后果是國家腐敗無序而亡。黨執(zhí)掌國家政權(quán)，必須要提高黨員法律意識，模范守法，這是是依法執(zhí)政的核心；（四）依法辦事，前提有法可依，重點是有法必依。依法辦事為黨政分開，黨法分開提供了有效實現(xiàn)途徑，目的要法治而不是人治，是依法執(zhí)政的保障；（五）依法執(zhí)政還必須培養(yǎng)法律人才干部，有了法，沒有懂得運用法律的人也等于無法。國家必須通過積極創(chuàng)建各類法律院校，開展法學研究等培養(yǎng)法律人才。第三部分主要是對董必武依法執(zhí)政思想的評價。董必武依法執(zhí)政思想極大豐富了毛澤東法學思想，是中國依法治國理論的重要來源，推動了建國初期的法制建設(shè)，促進了中國共產(chǎn)黨依法執(zhí)政。這一過程中，董必武依法執(zhí)政思想表現(xiàn)出高度的戰(zhàn)略性、獨特的創(chuàng)新性、深刻的辯證性、鮮明的實踐性的特點。
[Abstract]:At the 16th National Congress of the Communist Party of China, the Communist Party of China clearly stated that it is necessary to adhere to the law and to emphasize that the ruling ability according to law is one of the five abilities necessary for Party committees and leading cadres at all levels. The Fourth Plenary Session of the Sixteenth Central Committee of the People's Republic of China stresses once again the new historical conditions to govern in accordance with the law is a basic way of the Party's ruling. The 17 th report clearly defines the Party's scientific ruling, democratic governance and ruling by law as one of the great tasks of the Party, which requires that the Communist Party of China should draw on the valuable experience accumulated in the practice of revolution, construction and reform, and also put an eye on the world. absorbing the beneficial results of the ruling party in the world, combining with practice, continuously improving the Party's governing theory, improving the ruling level of the Party, and enhancing the Party's ruling ability. Dong Biwu, as one of the important leaders of the Communist Party of China and one of the main founders of the new China legal system, has devoted his whole life to the thought of the rule of law, emphasized the important role of the law in the management of the state power and the social life, and adopted legislation, judicial and law enforcement. To construct a socialist legal system in a comprehensive way, such as law-abiding and legal education, to set up a socialist legal system in accordance with the law On the basis of historical documents, this paper analyzes Dong Biwu's ruling thought in accordance with the law by analyzing Dong Biwu biographies, anthologies and their political legal thoughts, so as to obtain the beneficial guidance for the Party's ruling in accordance with law. Enlightenment. This article is divided into three parts: the first part introduces Dong Biwu's ruling thought formation according to law. The subjective condition is that Dong Biwu young people study in Japan to pursue legal profession, acquire professional legal knowledge, and lay a solid foundation for it Knowledge of law of law. After returning to China, it is accepted by Marxism. After the five-fourth movement, it is transformed into the legal knowledge. Since then, it becomes the law of law. The objective condition is that with the development of the new democratic revolution, armed struggle and base area construction have become two important aspects of the new democratic revolution led by the Communist Party of China. With more and more importance, Dong Biwu began the rule of law in the base area After the founding of the People's Republic of China, the new China legal system is not perfect, and the Communist Party of China, as the ruling party, urgently calls for the establishment of a legal system to consolidate, construct and manage the state, and Dong Biwu is under the leadership of the new China The second part introduces Dong Biwu's ruling thought according to law. The main contents include: firstly, in the establishment of the state power, the sound legal system is the premise of ruling the ruling party according to law; secondly, it is necessary to adhere to the principle of party-government separation according to law, and it is in accordance with law The key to the ruling party is that the Party must exercise the power of the state in accordance with the system of governmental decree, so as to make the government truly have the right to effectively realize the interests of the people, otherwise, it is paternalism, loss of democracy, and finally weaken the Party's leadership of the state; (iii) correct The law has the highest authority, so the activities of the Party and the state power must fall within the scope of the Constitution and the law, and the Party does not act according to the law. The long-term consequence of the right-to-press law is national corruption. The Party is in charge of the state power and must improve the legal consciousness of the Party members and the law-abiding, which is the core of the ruling in accordance with the law; and (4) to act in accordance with the law, provided that there are laws and regulations. It is necessary to act in accordance with the law to separate the Party's government and to separate the party law. The purpose of the Party Law is to provide an effective way of realizing the rule of law and not the rule of people. It is the guarantee of ruling in accordance with the law. (5) It is also necessary to train legal personnel cadres according to law, and there are laws and people who do not understand the use of the law It is also equal to impossible. The State must actively create various legal institutions, conduct legal studies, etc. The third part is to govern Dong Biwu in accordance with law Dong Biwu's thought of ruling by law has enriched Mao Zedong's legal thought, which is an important source of the theory of governing the country according to law, which has promoted the construction of the legal system in the early years, and promoted the co-production in China. The Party is in power in accordance with the law. In this process, Dong Biwu's ruling ideology in accordance with law shows a high degree of strategic, unique innovation, profound dialectic and vivid reality.
【學位授予單位】：哈爾濱工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D26;D909.2
本文編號：2278321
[Abstract]:At the 16th National Congress of the Communist Party of China, the Communist Party of China clearly stated that it is necessary to adhere to the law and to emphasize that the ruling ability according to law is one of the five abilities necessary for Party committees and leading cadres at all levels. The Fourth Plenary Session of the Sixteenth Central Committee of the People's Republic of China stresses once again the new historical conditions to govern in accordance with the law is a basic way of the Party's ruling. The 17 th report clearly defines the Party's scientific ruling, democratic governance and ruling by law as one of the great tasks of the Party, which requires that the Communist Party of China should draw on the valuable experience accumulated in the practice of revolution, construction and reform, and also put an eye on the world. absorbing the beneficial results of the ruling party in the world, combining with practice, continuously improving the Party's governing theory, improving the ruling level of the Party, and enhancing the Party's ruling ability. Dong Biwu, as one of the important leaders of the Communist Party of China and one of the main founders of the new China legal system, has devoted his whole life to the thought of the rule of law, emphasized the important role of the law in the management of the state power and the social life, and adopted legislation, judicial and law enforcement. To construct a socialist legal system in a comprehensive way, such as law-abiding and legal education, to set up a socialist legal system in accordance with the law On the basis of historical documents, this paper analyzes Dong Biwu's ruling thought in accordance with the law by analyzing Dong Biwu biographies, anthologies and their political legal thoughts, so as to obtain the beneficial guidance for the Party's ruling in accordance with law. Enlightenment. This article is divided into three parts: the first part introduces Dong Biwu's ruling thought formation according to law. The subjective condition is that Dong Biwu young people study in Japan to pursue legal profession, acquire professional legal knowledge, and lay a solid foundation for it Knowledge of law of law. After returning to China, it is accepted by Marxism. After the five-fourth movement, it is transformed into the legal knowledge. Since then, it becomes the law of law. The objective condition is that with the development of the new democratic revolution, armed struggle and base area construction have become two important aspects of the new democratic revolution led by the Communist Party of China. With more and more importance, Dong Biwu began the rule of law in the base area After the founding of the People's Republic of China, the new China legal system is not perfect, and the Communist Party of China, as the ruling party, urgently calls for the establishment of a legal system to consolidate, construct and manage the state, and Dong Biwu is under the leadership of the new China The second part introduces Dong Biwu's ruling thought according to law. The main contents include: firstly, in the establishment of the state power, the sound legal system is the premise of ruling the ruling party according to law; secondly, it is necessary to adhere to the principle of party-government separation according to law, and it is in accordance with law The key to the ruling party is that the Party must exercise the power of the state in accordance with the system of governmental decree, so as to make the government truly have the right to effectively realize the interests of the people, otherwise, it is paternalism, loss of democracy, and finally weaken the Party's leadership of the state; (iii) correct The law has the highest authority, so the activities of the Party and the state power must fall within the scope of the Constitution and the law, and the Party does not act according to the law. The long-term consequence of the right-to-press law is national corruption. The Party is in charge of the state power and must improve the legal consciousness of the Party members and the law-abiding, which is the core of the ruling in accordance with the law; and (4) to act in accordance with the law, provided that there are laws and regulations. It is necessary to act in accordance with the law to separate the Party's government and to separate the party law. The purpose of the Party Law is to provide an effective way of realizing the rule of law and not the rule of people. It is the guarantee of ruling in accordance with the law. (5) It is also necessary to train legal personnel cadres according to law, and there are laws and people who do not understand the use of the law It is also equal to impossible. The State must actively create various legal institutions, conduct legal studies, etc. The third part is to govern Dong Biwu in accordance with law Dong Biwu's thought of ruling by law has enriched Mao Zedong's legal thought, which is an important source of the theory of governing the country according to law, which has promoted the construction of the legal system in the early years, and promoted the co-production in China. The Party is in power in accordance with the law. In this process, Dong Biwu's ruling ideology in accordance with law shows a high degree of strategic, unique innovation, profound dialectic and vivid reality.
【學位授予單位】：哈爾濱工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D26;D909.2
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