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当代中国公民法治精神培育研究

Research on the Cultivation of the Spirit of Rule of Law in Contemporary Chinese Citizens

作者:姜苏容
  • 学号
    2016******
  • 学位
    博士
  • 电子邮箱
    jia******com
  • 答辩日期
    2020.05.23
  • 导师
    吴潜涛
  • 学科名
    马克思主义理论
  • 页码
    185
  • 保密级别
    公开
  • 培养单位
    068 马克思主义学院
  • 中文关键词
    公民法治精神,法治教育,法治实践
  • 英文关键词
    the spirit of rule of law among citizens,the rule of law education,the rule of law practice

摘要

法治精神作为人类法治实践的积极产物,是人们对法治所蕴含的、被实践证明的有益于人类社会健康发展的本质、价值等的主观把握成果。在抽象维度上,法治精神是法治观念、法治意识、法治思维和法治实践的高度统一,是法治的灵魂;在具体维度上,法治精神是法的价值的高度凝练,是法治精神各要素的集合。不同社会制度和法治模式下,法治精神的具体内涵有所不同,当代中国语境下的法治精神就是社会主义法治精神。公民是法治建设的参与者和法治发展成果的享有者,他们所具有的法治精神既是对国家法治建设状况的基本反映,也是推进国家法治进步的驱动力量。新中国成立以来,特别是改革开放40年来,我国的法治建设取得了巨大成就,公民法治意识显著增强,办事依法、遇事找法、解决问题用法、化解矛盾靠法的法治环境也在逐步形成。同时,我们也应认识到,随着全面深化改革进入新阶段,社会矛盾交织叠加,部分社会成员尊法信法守法用法、依法维权意识不强的问题亟待破解,全面推进依法治国任务依然繁重,培育公民法治精神日益迫切。本文在解析当代中国公民法治精神内涵的基础上,聚焦当代中国公民法治精神培育所面临的机遇和挑战,以马克思主义法律思想为理论基础,以习近平关于建设社会主义法治国家的重要论述为指导,对当代中国公民法治精神培育的总体目标、基本原则和实践路径展开探究。首先,在借鉴中西方法律思想的前提下,从社会主义法治的本质特征出发,剖析当代中国公民法治精神培育的科学内涵,其基本要素包含权利本位、以法治权、法律至上、全民守法几方面内容,总体特征则体现为价值系统上的实质性和形式性、行为动机上的利己性和利他性、实现目标上的知识性和实践性等。其次,通过总结当代中国公民法治精神培育所面临的机遇和挑战,进一步阐发当代中国公民法治精神缺失的原因,并以此为前提形构当代中国公民法治精神培育的理论遵循,明确培育公民法治精神在形成法治认知、加强法治认同、锻造法治思维等方面的总体目标,厘定培育公民法治精神在培育模式、对象、目标、方法、渠道等方面的基本原则。最后,以统筹法治教育、推进公民参与、完善法治体系为总路径,探究当代中国公民法治精神培育的具体实践策略。

As a positive outcome of rule law practice made by human beings, the spirit of rule of law is a subjective achievement people conclude from the nature and value that are contained within and have been proved beneficial for the development of human society. From an abstract perspective, the spirit of rule of law highly incorporates the rule of law idea, rule of law awareness and rule of law practice, serving as the soul part. Specifically, the spirit of rule of law is a highly-concentrated thought for value of law and concentrates all its necessary elements. The specific connotation of the spirit of rule of law may vary under various social systems and modes of rule of law. As the participator in the construction of rule of law as well as the beneficiary of itsachievements, the spirit of rule of law that citizens are cultivated is not only a fundamental reflection upon the situation of rule of law construction in China but also a driving force that accelerate the advancement of China’s rule of law. Since founding of the People’s Republic of China, particularly over the 40 years since the implementation of the reform and opening-up policy, the construction of rule of law undertaking in China has made remarkable progress with a prominent increase in people’s awareness of rule of law, and a society based on the rule of law gradually taking shape, in which its people act in accordance with the law, ask law for solutions and settle disputes abiding by law. In the meantime, we should also be aware of problems as China’s entering into a new phase of deepening reform in an all-round way and social contradictions interwoven, such as the sufficiency for certain people in respecting, abiding and applying law and safeguarding their legal rights according to law, heavy task remained in comprehensively managing state affairs under the rule of law and the increasing demand to cultivate citizens the spirit of rule of law. Based onthe analysis of the spirit of rule-of-law among contemporary Chinese citizens, this paper focuses on both the opportunities and challenges in popularizing the spirit of rule-of-law among Chinese citizens of this generation. Withthe legal thoughts of Marxism as the theoretical basis, and Xi Jinping'sThought on Socialist Rule of Law with Chinese Characteristics in the New Era as the guidance, this paper probes into overallpurposes, basic principles and the practical path of promoting the spirit of rule-of-law among contemporary Chinese citizens. First andforemost, this paper is based on legal thoughts from both home and beyond as it begins to dig into the designfeatures of socialist rule of law and analyze the underlying science that advances the promoting of the spirit of rule-of-law among contemporary Chinese citizens. The underlying elements include several respects, including the “rights-based theory”, law above power, the rule of law and law-abidingfor all.The general characteristics are embodied in its value system, such as, its nature and formality, self-interest and altruism in behavioral motives, the knowledge and practice nature of achieving the goal and so on.In addition, on the basis of summarizing the opportunities and challenges in promoting the spirit of rule-of-law among contemporary Chinese citizens, and further expounding what causes the lack of the spiritin them, this paper is set to formulate a theory of the cultivation of the spirit of rule-of-law among contemporary Chinese citizens. Besides, this paper defines the overall goal in forming and promoting a pattern of the governance of law among citizens, and developing a law-based thinking model. Alongside that, the paper also works to clarify the fundamental principles like promotion model, objects, targets, methods and paths to help citizens develop a law-based thinking. At last, this paper tries to take coordinating the education of the rule of law, promoting citizen participation and improving the system of the rule of law as the general approach, thus to explore specific practical strategies for popularizing the spirit of the rule of law among contemporary Chinese citizens.