當代中國普法運動的回顧反思與完善對策
發(fā)布時間：2018-08-28 16:55
【摘要】：《左傳》有云:刑不可知,則威不可測�？梢娤荣t所理解之法律單純的是統(tǒng)治人民的工具,并著重強調其強制性,然而這流傳上千年的思想卻與當今的法治理念背道而馳。馬克思主義法哲學認為法律是通過調整人們的行為調整社會關系的社會規(guī)范,故其最基本的實施前提是公民知道法律并且認可法律。由此觀之,當代中國依法治國的實現(xiàn)與否,其中關鍵的一個環(huán)節(jié)是普法程度強弱�？v觀改革開放三十年,中國的普法是由普法運動牽頭開展的,可以說普法運動進行的好壞直接決定著普法的成敗,間接影響依法治國的實現(xiàn)。十八屆四中全會再次強調依法治國的重要性,這不僅讓法律人看到了久違的法治春苗,更是讓人民群眾對未來的法治環(huán)境及公平正義充滿了期許與憧憬。然而前途一片光明,道路卻依舊曲折,在法律運行的過程中,立法技術及實踐經驗有待提高,執(zhí)法司法還欠缺應有的力度和監(jiān)督體系,全民守法的理想還有待實現(xiàn)。自1986年“一五”普法至今,我國在立法、執(zhí)法、司法環(huán)節(jié)不斷推進的同時,守法現(xiàn)狀卻出現(xiàn)了種種令人費解的亂象。2016年“七五”普法如期而至,然而普法運動在絕大部分地區(qū)依然呈現(xiàn)著走形式擺過場的情況,公民對法律雖然有了一定的認知,然而卻在守法與否問題的選擇上依舊猶豫不決�？v觀全國普法情況,絕大多數公民通過三十年普法運動已初步掌握了一定的法律常識,法律運行中的各個環(huán)節(jié)以及全社會的法治化管理水平都不是普法運動未開展前的中國可以比擬的。部分公民已經敢于向不法商家索要發(fā)票、在購物時尋找信息對稱以防被賣方坑騙、很多公民甚至對刑法民法行政法的具體規(guī)定都有所掌握。由此可見,全社會的法治化管理水平已取得了驕人的成績。然而當代中國的公民并不完全認同現(xiàn)有的法律,也不認為法律足以解決他們現(xiàn)實生活中的問題。聯(lián)系實際情況,現(xiàn)實生活中,公民不遵守公共行為規(guī)則的現(xiàn)象比比皆是,更遑論將法律作為其畢生信仰予以追求與維護了。筆者認為,普法運動的成功絕不僅僅局限于法律知識的普及,其最終要求公民知法守法護法并敢于運用法律維護自我的合法權益。由此觀之,普法運動雖然取得了不菲的成績,然而卻離其最終目標還相距甚遠,全國和各級政府的大力投入與守法現(xiàn)狀的尷尬窘況形成了鮮明的對比,普法流于形式,淪為“形象工程”,值得我們反思。如何在新常態(tài)下進行普法,怎樣使普法效果達到預期設想以及通過何種方式改觀傳統(tǒng)普法運動中公民的被動消極態(tài)度成為了法律人當下面臨的新考驗。本文除去緒論與結語,證文內容總共分為五個部分,第一部分是三十年普法運動的同顧,從普法運動的概念與內涵入手,以全面審視的歷史眼光從其產生和發(fā)展角度梳理普法運動走過的歷程;第二部分是普法運動的成效,以客觀的態(tài)度,對普法運動已經取得的成效進行力求全面的總結與歸納;第三部分是普法運動中存在的五大問題,筆者將結合大數據和周邊采集數據就這五項問題的表現(xiàn)形式與反映邏輯做探尋分析,繼而想辦法找出產生這些問題的原因,以期摸索一套相應的普法思路與對策;第四部分圍繞前文提出的問題,從傳統(tǒng)歷史、理論悖論以及現(xiàn)實情況三方面剖析其中的原因,刨根問底,發(fā)現(xiàn)制約我國普法運動發(fā)展的阻力所在;第五部分提出普法運動的新思路及相應策略,站在三十年普法運動成果及經驗的基礎上,對我國后三十年普法運動的發(fā)展與走向提出自己的思路與對策。該部分筆者首先就后三十年普法運動的發(fā)展方向提出三點新思路。然后從法律運行的的角度著重就立法、執(zhí)法、司法三方面做針對性提議。最后從五個方面提出新時期普法運動的完竣對策,分別是強化政法機關法律形象塑造、改良普法宣傳教育形式、創(chuàng)新普法運動傳播手段、加強公民法律利用能力的培養(yǎng)以及健全媒體公益普法制度。通過調查與研究,筆者深刻的認識到普法運動的開展絕非一朝一夕之事,而是一項漫長且艱巨的工作,需要全國各級政府牽頭全民參與并堅持不懈的為之奮斗。筆者本著拋磚引玉的行文態(tài)度,希望能夠激勵更多的法律人為中國的普法發(fā)展建言獻策,幫助我國后三十年的普法運動找到正確的開展方式與發(fā)展方向,為最終實現(xiàn)依法治國的中國夢奠定深厚的群眾基礎與法治環(huán)境。
[Abstract]:"Zuo Zhuan" has a cloud: punishment is unknown, it is impossible to measure. It can be seen that the predecessors understood the law is simply a tool to rule the people, and emphasized its compulsory, but this thought spread for thousands of years is contrary to today's concept of the rule of law. Marxist philosophy of law holds that law is a society that adjusts social relations by adjusting people's behavior. From this point of view, the key link in the realization of the rule of law in contemporary China is the degree of popularization of law. The Fourth Plenary Session of the 18th CPC Central Committee emphasized the importance of ruling the country according to law again, which not only let the legal person see the spring seedlings of the long-lost rule of law, but also let the people have full expectations and expectations for the future environment of rule of law and fairness and justice. Tortuous, in the process of law operation, legislative technology and practical experience to be improved, law enforcement and justice is still lack of due strength and supervision system, the ideal of law-abiding by the whole people has yet to be realized. In 2016, the "Seventh Five-Year Plan" law popularization came as scheduled. However, the Law Popularization Movement in most parts of the country still took the form of passing the stage. Although citizens have a certain understanding of the law, they still hesitate to choose whether to abide by the law or not. Some citizens have dared to ask illegal businessmen for invoices, find information symmetry in shopping to avoid being cheated by sellers, and many citizens are even right. From this we can see that the whole society has made remarkable achievements in the management of the rule of law. However, the citizens of contemporary China do not fully agree with the existing laws and do not think that the laws are sufficient to solve their problems in real life. The author believes that the success of the law popularization movement is not confined to the popularization of legal knowledge, but requires citizens to know and abide by the law and dare to use the law to safeguard their legitimate rights and interests. Nevertheless, great achievements have been made, but far from its ultimate goal. The vigorous investment of the whole country and governments at all levels has formed a sharp contrast with the embarrassing situation of law-abiding status quo. Law popularization has become a mere formality and a "project of image", which deserves our reflection. Besides the introduction and conclusion, the content of the testimony can be divided into five parts. The first part is a review of the 30-year law-popularization movement. Starting from the concept and connotation of the law-popularization movement, this paper examines the historical perspective comprehensively. The second part is the results of the movement, with an objective attitude, to sum up and summarize the achievements of the movement; the third part is the five problems existing in the movement, the author will combine the large data and peripheral data collection on this five-year plan. The manifestations and reflective logic of the item question are explored and analyzed, and then the causes of these problems are found out, with a view to finding a set of corresponding ideas and Countermeasures for popularizing law. The fourth part analyzes the reasons from three aspects: the traditional history, the theoretical paradox and the actual situation, and finds out the restrictions on me. In the fifth part, the author puts forward the new ideas and corresponding strategies for the development of the movement of popularizing law in China. On the basis of the achievements and experiences of the movement of popularizing law in the last 30 years, the author puts forward his own ideas and Countermeasures for the development and trend of the movement of popularizing law in China. Three new ideas are put forward. Then from the angle of law operation, specific proposals are made on legislation, law enforcement and judicature. Finally, the author puts forward the complete Countermeasures of the Law Popularization Movement in the new period from five aspects, namely, strengthening the shaping of the legal image of the political and legal organs, improving the forms of law popularization and education, innovating the means of law popularization and strengthening citizens'law popularization. Through investigation and research, the author deeply realizes that the development of the law popularization movement is not a matter of overnight, but a long and arduous work, which requires the government at all levels to take the lead of the whole people to participate in and persevere in the struggle for it. It is hoped that more and more lawyers will be encouraged to offer suggestions and suggestions for the development of law popularization in China, help the Law Popularization Movement in the last 30 years find the right way to carry out and develop, and lay a solid mass foundation and legal environment for the ultimate realization of the dream of ruling the country by law.
【學位授予單位】：廣西師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D920.0
本文編號：2210000
[Abstract]:"Zuo Zhuan" has a cloud: punishment is unknown, it is impossible to measure. It can be seen that the predecessors understood the law is simply a tool to rule the people, and emphasized its compulsory, but this thought spread for thousands of years is contrary to today's concept of the rule of law. Marxist philosophy of law holds that law is a society that adjusts social relations by adjusting people's behavior. From this point of view, the key link in the realization of the rule of law in contemporary China is the degree of popularization of law. The Fourth Plenary Session of the 18th CPC Central Committee emphasized the importance of ruling the country according to law again, which not only let the legal person see the spring seedlings of the long-lost rule of law, but also let the people have full expectations and expectations for the future environment of rule of law and fairness and justice. Tortuous, in the process of law operation, legislative technology and practical experience to be improved, law enforcement and justice is still lack of due strength and supervision system, the ideal of law-abiding by the whole people has yet to be realized. In 2016, the "Seventh Five-Year Plan" law popularization came as scheduled. However, the Law Popularization Movement in most parts of the country still took the form of passing the stage. Although citizens have a certain understanding of the law, they still hesitate to choose whether to abide by the law or not. Some citizens have dared to ask illegal businessmen for invoices, find information symmetry in shopping to avoid being cheated by sellers, and many citizens are even right. From this we can see that the whole society has made remarkable achievements in the management of the rule of law. However, the citizens of contemporary China do not fully agree with the existing laws and do not think that the laws are sufficient to solve their problems in real life. The author believes that the success of the law popularization movement is not confined to the popularization of legal knowledge, but requires citizens to know and abide by the law and dare to use the law to safeguard their legitimate rights and interests. Nevertheless, great achievements have been made, but far from its ultimate goal. The vigorous investment of the whole country and governments at all levels has formed a sharp contrast with the embarrassing situation of law-abiding status quo. Law popularization has become a mere formality and a "project of image", which deserves our reflection. Besides the introduction and conclusion, the content of the testimony can be divided into five parts. The first part is a review of the 30-year law-popularization movement. Starting from the concept and connotation of the law-popularization movement, this paper examines the historical perspective comprehensively. The second part is the results of the movement, with an objective attitude, to sum up and summarize the achievements of the movement; the third part is the five problems existing in the movement, the author will combine the large data and peripheral data collection on this five-year plan. The manifestations and reflective logic of the item question are explored and analyzed, and then the causes of these problems are found out, with a view to finding a set of corresponding ideas and Countermeasures for popularizing law. The fourth part analyzes the reasons from three aspects: the traditional history, the theoretical paradox and the actual situation, and finds out the restrictions on me. In the fifth part, the author puts forward the new ideas and corresponding strategies for the development of the movement of popularizing law in China. On the basis of the achievements and experiences of the movement of popularizing law in the last 30 years, the author puts forward his own ideas and Countermeasures for the development and trend of the movement of popularizing law in China. Three new ideas are put forward. Then from the angle of law operation, specific proposals are made on legislation, law enforcement and judicature. Finally, the author puts forward the complete Countermeasures of the Law Popularization Movement in the new period from five aspects, namely, strengthening the shaping of the legal image of the political and legal organs, improving the forms of law popularization and education, innovating the means of law popularization and strengthening citizens'law popularization. Through investigation and research, the author deeply realizes that the development of the law popularization movement is not a matter of overnight, but a long and arduous work, which requires the government at all levels to take the lead of the whole people to participate in and persevere in the struggle for it. It is hoped that more and more lawyers will be encouraged to offer suggestions and suggestions for the development of law popularization in China, help the Law Popularization Movement in the last 30 years find the right way to carry out and develop, and lay a solid mass foundation and legal environment for the ultimate realization of the dream of ruling the country by law.
【學位授予單位】：廣西師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D920.0
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1 劉恒煒;當代中國普法運動的回顧反思與完善對策[D];廣西師范大學;2017年
，本文編號：2210000
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