领导干部法治思维缺失及养成研究

发布时间：2018-05-13 17:03

本文选题：法治思维 + 公权力　；参考：《天津商业大学》2017年硕士论文

【摘要】：党的十八大报告要求“提高领导干部运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力”。这是执政党首次将“法治思维与法治方式”写入行动指南,体现了党加强执政能力建设的时代要求,是对各级政府官员在新时期应该怎样治理好国家提出的新的思维脉络、行为规范和执政要求,开辟了我国法治建设的新时代。法治思维这一概念是在我国依法治国理论上的创新,是社会主义法治理念在行政领域的新发展,是对我国现有法治理论的总结与升华,是与法治中国相对应的先进理论,值得深入挖掘。法治思维强调思想转变,并且突出党对法治理念的态度,也是在思想层面所提出的明确要求,有机地将行政法学理论与依法治国结合起来,建构了行政法学研究的新视域,是法学与政治学研究结合的新进展。提出并落实法治思维的概念,对于领导干部树立正确的权力观和权利观,依法履行自身职责,正确地实施社会治理,为构建法治中国助力,无疑具有巨大的现实意义。然而,基于我国的法治背景,领导干部的法治思维并不能自然形成,而是需要经过后天的培养。而且法治思维的养成并不是通过运动式学习一朝一夕就能够实现的,它的养成过程复杂而漫长。文章研究的目的就在于希望通过对领导干部法治思维的内涵进行深入挖掘,并以此为基础分析各级领导干部法治思维养成所必需的基本条件,从而使得领导干部法治思维不再只是理想,而是一种真实状态的存在。论文采用文献研究与案例研究的方法。通过查阅与论文相关的国内外文献,结合我国的实际情况及案例,提出了法治思维的概念及重要性,总结出我国领导干部法治思维缺失的表现主要有人治思维根深蒂固、权本位特权观念严重、结果至上观念存在以及法治素养普遍偏低。通过分析得出领导干部法治思维缺失的主要原因是受我国传统法治理念、传统法律文化、重实体轻程序思想以及法治建设起步较晚等四个方面的影响。论文最后针对当前我国领导干部法治思维存在的问题,提出了一些完善措施:培养领导干部的法治理念;培养信守并且践行法律的法律思维;养成尊重并维护公民权利的权利思维;养成程序思维;通过改善当前的法制环境倒逼领导干部养成法治思维。
[Abstract]:The report of the 18th National Congress of the Party calls for "improving the ability of leading cadres to deepen reform, promote development, resolve contradictions, and maintain stability by using the thinking of the rule of law and the way of ruling by law." This is the first time that the ruling party has written "the thinking of the rule of law and the way of ruling by law" into its action guide, which reflects the requirements of the times for the Party to strengthen the building of its ruling capacity, and is a new thread of thinking on how government officials at all levels should manage the country well in the new period. The standards of conduct and the requirements of the ruling government have opened a new era for the construction of the rule of law in our country. The concept of thinking by law is an innovation in the theory of governing the country by law in our country, a new development of the concept of socialist rule of law in the administrative field, a summary and sublimation of the existing theory of rule of law in our country, and an advanced theory corresponding to the rule of law in China. It is worth digging deeply. The thinking of rule by law emphasizes the change of thought and the attitude of the Party to the concept of rule of law. It is also a clear request put forward in the ideological level. It organically combines the theory of administrative law with the rule of law, and constructs a new horizon for the study of administrative law. It is a new development of the combination of law and political science. It is undoubtedly of great practical significance for leading cadres to set up a correct view of power and right, to perform their duties according to law, to correctly implement social governance, and to help build a country ruled by law, by putting forward and implementing the concept of thinking on the rule of law. However, based on the background of our country's rule of law, the leading cadres' thinking of ruling by law cannot be formed naturally, but needs to be cultivated. Moreover, the formation of the thinking of rule of law is not realized overnight through the exercise learning, and the process of formation is complicated and long. The purpose of this paper is to explore deeply the connotation of leading cadres' thinking of ruling by law, and to analyze the basic conditions necessary for the formation of leading cadres' thinking of ruling by law at all levels. Thus, leading cadres' thinking of rule of law is no longer just ideal, but the existence of a real state. The paper adopts the method of literature research and case study. By consulting the domestic and foreign literature related to the paper, combining with the actual situation and cases of our country, this paper puts forward the concept and importance of the thinking of rule by law, and concludes that the main manifestation of the lack of the thinking of rule by law of leading cadres in our country is deeply rooted in the thinking of rule by man. The concept of right-based privilege is serious, the result-first idea exists and the quality of rule of law is generally on the low side. It is concluded that the main reasons for the lack of thinking on the rule of law of leading cadres are influenced by the traditional concept of the rule of law, the traditional legal culture, the thought of valuing the substance and the procedure, and the late start of the construction of the rule of law. Finally, aiming at the problems existing in the thinking of leading cadres' rule of law in our country, the paper puts forward some perfect measures: cultivating the concept of ruling by law of leading cadres, cultivating the legal thinking of abiding by and practicing the law; It is necessary to cultivate the right thinking of respecting and safeguarding the civil rights, to develop the procedural thinking, and to force the leading cadres to form the rule of law thinking by improving the current legal environment.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0;D262.3

【参考文献】