唯物史觀視野下的“以人為本”法律觀研究
發(fā)布時間：2018-10-18 19:11
【摘要】：作為人,能擁有自由的權(quán)利,實現(xiàn)人的全面發(fā)展,是全人類的共同理想。法律追求正義、公平、平等、自由等價值,它的核心訴求歸根到底是為了保障和實現(xiàn)人權(quán)。西方的人文主義從古希臘起源,經(jīng)文藝復興發(fā)展到現(xiàn)代,無時無刻不體現(xiàn)著人文精神。中國古代有民本思想,近代有無數(shù)人文志士努力將西方民主民權(quán)思想傳入中國,而最后是“十月革命一聲炮響給中國人民送來了馬克思主義”。隨著新中國的建立、發(fā)展,一代代黨的領(lǐng)導人將馬克思主義思想與中國的現(xiàn)實國情相結(jié)合,并不斷創(chuàng)新。新世紀伊始我國提出的“以人為本”的科學發(fā)展觀,就是以馬克思主義為指導思想的創(chuàng)新理念�！耙匀藶楸尽狈捎^是以唯物史觀為基礎(chǔ)的法律理念:人作為法的目的與實踐者,主體與評價者。將其作為指導思想引入我國的刑事訴訟立法中,從實體性的權(quán)利到程序性的救濟,解決當前我國刑事訴訟立法領(lǐng)域出現(xiàn)的頑疾。從立法上有效防止作為弱勢群體一方被告人的人身權(quán)財產(chǎn)權(quán)被公權(quán)力任意踐踏,防止公權(quán)力的濫用。 全文共分五章,主要闡述了四個部分的內(nèi)容,各部分主要內(nèi)容如下: 第一部分為緒論,主要研究了文章的選題依據(jù)和研究的價值、研究的方法。 第二部分為“以人為本”法律觀的哲學基礎(chǔ)與理論淵源。主要分為兩節(jié),第一節(jié)解析該法律思想的哲學基礎(chǔ)——唯物史觀。第二節(jié)探尋“以人為本”法律觀的理論淵源,從馬克思、恩格斯,列寧,毛澤東法律思想中的“以人為本”,到我國“以人為本”法律觀的提出(鄧小平法律思想中對人權(quán)、民主與法制等問題的闡述),發(fā)展(江澤民的“三個代表”思想載入憲法和04年憲法修正案確立“國家尊重與保障人權(quán)”),思想體系的正式建立(“以人為本”科學發(fā)展觀中社會主義法治理念的提出)。 第三部分具體闡述“以人為本”法律觀的內(nèi)容和要求。主要論述人是法律的目的與實踐者,主體與評價者,從古至今法律的制定實施并不是一直遵循以人為本位的,而是有一個異化到回歸的過程。論述我國傳統(tǒng)法律理念的滯后性,并提出具體實施“以人為本”法律理念的主要路徑。 第四部分重點剖析我國“以人為本”法律觀的適用——以刑事被告人權(quán)利的立法保障為例。主要論述我國刑事訴訟立法中對被告人權(quán)利保障的缺失,并提出用“以人為本”的法律觀念來引導我國刑事訴訟立法的必要性及其具體做法,以限制公權(quán)力的擴張與濫用,充分維護作為弱勢方的被告人的權(quán)利,實現(xiàn)社會的和諧發(fā)展。
[Abstract]:As human beings, it is the common ideal of all mankind to have the right of freedom and to realize the all-round development of human beings. The law pursues the values of justice, fairness, equality and freedom. Its core demand is to protect and realize human rights in the final analysis. Western humanism originated from ancient Greece and developed from Renaissance to modern. In ancient China, there were people-oriented thoughts, and in modern times, countless people with humanistic ideals tried hard to introduce western democratic and civil rights thoughts into China, and finally, "the October Revolution sent Marxism to the Chinese people." With the establishment and development of the new China, the leaders of the Party for generations have combined the Marxist thought with the reality of China and innovated constantly. At the beginning of the new century, our country put forward the "people-oriented" concept of scientific development, which is an innovative idea guided by Marxism. "People-oriented" legal concept is a legal concept based on historical materialism: human being is the purpose and practice of law, subject and evaluator. It is introduced into the criminal procedure legislation of our country as the guiding ideology, from substantive right to procedural relief, to solve the intractable disease that appears in the field of criminal procedure legislation of our country at present. In legislation, the personal rights and property rights of the defendants of the vulnerable groups are effectively prevented from being trampled on arbitrarily by the public power and the abuse of the public power is prevented. The full text is divided into five chapters, mainly elaborated the content of four parts, the main contents of each part are as follows: the first part is the introduction, mainly studied the basis of the article and the value of the study, research methods. The second part is the philosophical basis and theoretical origin of the legal view of people-oriented. The first section analyzes the philosophical basis of this legal thought-historical materialism. The second section explores the theoretical origin of "people-oriented" legal view, from Marx, Engels, Lenin, Mao Zedong's legal thought "people-oriented" to China's "people-oriented" legal concept (Deng Xiaoping's legal thought on human rights. Development (Jiang Zemin's "three represents" thought is enshrined in the Constitution and the 2004 Amendment to the Constitution establishes "the country respects and guarantees human rights"), and the formal establishment of the ideological system ("people-oriented" section) The concept of socialist rule of law in the concept of academic development). The third part elaborates the contents and requirements of the legal view of people-oriented. This paper mainly discusses that human being is the purpose and practice of law, subject and evaluator, and that the formulation and implementation of law from ancient times to present are not always following the people-oriented position, but there is a process from alienation to regression. This paper discusses the lag of the traditional legal idea in China, and puts forward the main path of carrying out the legal idea of "people-oriented" concretely. The fourth part focuses on the application of "people-oriented" legal concept-taking the legislative protection of the rights of criminal defendants as an example. This paper mainly discusses the lack of the protection of the defendant's rights in the criminal procedure legislation of our country, and puts forward the necessity and concrete methods of guiding our criminal procedure legislation with the legal concept of "people-oriented" in order to limit the expansion and abuse of public power. Fully safeguard the rights of the defendant as a weak party, and realize the harmonious development of the society.
【學位授予單位】：電子科技大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D90
本文編號：2280104
[Abstract]:As human beings, it is the common ideal of all mankind to have the right of freedom and to realize the all-round development of human beings. The law pursues the values of justice, fairness, equality and freedom. Its core demand is to protect and realize human rights in the final analysis. Western humanism originated from ancient Greece and developed from Renaissance to modern. In ancient China, there were people-oriented thoughts, and in modern times, countless people with humanistic ideals tried hard to introduce western democratic and civil rights thoughts into China, and finally, "the October Revolution sent Marxism to the Chinese people." With the establishment and development of the new China, the leaders of the Party for generations have combined the Marxist thought with the reality of China and innovated constantly. At the beginning of the new century, our country put forward the "people-oriented" concept of scientific development, which is an innovative idea guided by Marxism. "People-oriented" legal concept is a legal concept based on historical materialism: human being is the purpose and practice of law, subject and evaluator. It is introduced into the criminal procedure legislation of our country as the guiding ideology, from substantive right to procedural relief, to solve the intractable disease that appears in the field of criminal procedure legislation of our country at present. In legislation, the personal rights and property rights of the defendants of the vulnerable groups are effectively prevented from being trampled on arbitrarily by the public power and the abuse of the public power is prevented. The full text is divided into five chapters, mainly elaborated the content of four parts, the main contents of each part are as follows: the first part is the introduction, mainly studied the basis of the article and the value of the study, research methods. The second part is the philosophical basis and theoretical origin of the legal view of people-oriented. The first section analyzes the philosophical basis of this legal thought-historical materialism. The second section explores the theoretical origin of "people-oriented" legal view, from Marx, Engels, Lenin, Mao Zedong's legal thought "people-oriented" to China's "people-oriented" legal concept (Deng Xiaoping's legal thought on human rights. Development (Jiang Zemin's "three represents" thought is enshrined in the Constitution and the 2004 Amendment to the Constitution establishes "the country respects and guarantees human rights"), and the formal establishment of the ideological system ("people-oriented" section) The concept of socialist rule of law in the concept of academic development). The third part elaborates the contents and requirements of the legal view of people-oriented. This paper mainly discusses that human being is the purpose and practice of law, subject and evaluator, and that the formulation and implementation of law from ancient times to present are not always following the people-oriented position, but there is a process from alienation to regression. This paper discusses the lag of the traditional legal idea in China, and puts forward the main path of carrying out the legal idea of "people-oriented" concretely. The fourth part focuses on the application of "people-oriented" legal concept-taking the legislative protection of the rights of criminal defendants as an example. This paper mainly discusses the lack of the protection of the defendant's rights in the criminal procedure legislation of our country, and puts forward the necessity and concrete methods of guiding our criminal procedure legislation with the legal concept of "people-oriented" in order to limit the expansion and abuse of public power. Fully safeguard the rights of the defendant as a weak party, and realize the harmonious development of the society.
【學位授予單位】：電子科技大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D90
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