论当代中国的法治融贯命题

发布时间：2018-06-28 10:14

本文选题：法治融贯 + 法治中国　；参考：《东北师范大学》2015年硕士论文

【摘要】：十八届四中全会召开以来,“全面推进依法治国”为我国法治中国建设规划了系统的发展方向和奋斗目标,“坚持走中国特色社会主义法治道路,建设中国特色社会主义法治体系”彰显了法治在治国理政中的积极作用。随着“坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设”以及全面推进依法治国的提出和践行,研究法治问题更应该立足于我国当下的法治建设困境,进行对法治理论局限的深刻反省,进而由外而内,回归到对法治中国各个建设部分和构成要素的内在关联以及本质特征的深入探究,才能够使法治在促进“四个全面”实现的过程中更好地发挥作用。这种内在关联和本质特征表现为法治的融贯性。法治融贯命题的提出既出于对我国当下法治建设困境的现实反思,也有着坚实的哲学理论基础和法学理论基础,它指的是以一种整体性的思维方式审视法治的构成要素以及各个建设层面,各构成要素之间相互关联并支撑、所有构成要素融贯于各个建设过程、所有建设部分也并非孤立存在,只有它们彼此之间信念一致、相互支撑、渐进平衡、协调共生才能够真正实现法治中国的理想和目标。对法治融贯命题进行合理性的价值评价,会发现这一命题既具有符合法治发展必然规律的合规律性,也具有符合法治中国建设目标的合目的性,同时具有符合我国法治建设基本价值追求的合价值性,因此具有应然与实然、历史与现实、规律与价值相统一的合理性,是法治融贯能够得以实现的价值基础。法治融贯命题的落实突破了国家、政府、社会之间的对立和樊篱,通过社会——国家一体化、以法治政府建设为引领、与中国特色社会主义法治体系的其他要素有效互动最终实现融贯的法治中国建设,实现法治社会与法治国家的互补互动互控。当然,追求控制权力扩张与防止权利滥用的统一、追求权力与权利的平衡互动关系导致法治融贯性的落实将面临诸如社会自由与权利的生长空间不足、国家权力的角色定位与职能厘清偏差、社会权力缺乏有效机制倒逼公权力进行变革等一些新的困境,要化解这些危机需要从重塑思想观念的价值共识和合法性认同、完善法治建设的各项体制机制两方面双管齐下,释放社会活力、正视新兴权利诉求、培育社会治理能力、构建与社会发展现实相符的体制机制,才能够实现法治国家与法治社会的有效互动和对流循环,落实法治融贯理论,完成法治中国建设。
[Abstract]:Since the convening of the fourth Plenary session of the 18th CPC Central Committee, "comprehensively promoting the rule of law" has planned a systematic development direction and goal for the construction of China under the rule of law, and "adhere to the road of socialist rule of law with Chinese characteristics." The construction of socialist legal system with Chinese characteristics highlights the positive role of the rule of law in governing the country. Along with "persist in governing the country according to law, ruling according to law, administering according to law together, insisting on the country ruled by law, the government ruled by law and the construction of society under the rule of law" and the proposal and practice of comprehensively promoting the rule of law, The study of the rule of law should be based on the predicament of the construction of the rule of law in our country, and carry out a deep reflection on the limitations of the theory of the rule of law, and then from the outside to the inside. Only by going back to the deep exploration of the internal relations and essential characteristics of the various construction parts and elements of the rule of law in China, can the rule of law play a better role in the process of promoting the realization of "four all-round". This inherent relation and essential characteristic is the fusion of the rule of law. The proposition of fusion of the rule of law is put forward not only out of the realistic reflection on the predicament of the construction of the rule of law in our country, but also because of the solid theoretical basis of philosophy and the theory of law. It means to examine the constituent elements of the rule of law and each construction level in a holistic way of thinking. The elements are interrelated and supported, and all the elements are integrated into each construction process. All the construction parts do not exist in isolation. Only if they share the same beliefs, support each other, gradually balance, coordinate and symbiosis can they truly realize the ideals and goals of China ruled by law. By evaluating the rationality of the rule of law proposition, it is found that this proposition is not only consistent with the law of the rule of law, but also conforms to the goal of the construction of China under the rule of law. At the same time, it has the rationality of conforming to the pursuit of the basic value of the construction of the rule of law in our country, so it has the rationality of the unity of history and reality, the unity of law and value, which is the value foundation on which the rule of law can be realized. The implementation of the consistent proposition of the rule of law broke through the opposition and barriers among the state, government and society. Through the integration of the society and the state, the construction of the government ruled by law was the guide. The effective interaction with other elements of the socialist legal system with Chinese characteristics finally realizes the harmonious construction of China under the rule of law and the complementary interaction and mutual control between the society ruled by law and the country ruled by law. Of course, the pursuit of the unity of controlling the expansion of power and preventing the abuse of power, and the pursuit of a balanced and interactive relationship between power and rights will lead to the implementation of the consistent nature of the rule of law, which will be faced with such lack of room for growth as social freedom and rights. Some new dilemmas, such as the role orientation and function of state power, the lack of effective mechanism of social power forcing the public power to change, and so on, need to be solved by remolding the value consensus and legitimacy identity of ideology. To improve the system and mechanism of the construction of the rule of law in both ways, to release social vitality, to face up to the demands of emerging rights, to cultivate the ability of social governance, and to build an institutional mechanism consistent with the reality of social development. Only then can we realize the effective interaction and convection cycle between the country ruled by law and the society ruled by law, implement the thaw theory of the rule of law, and complete the construction of China ruled by law.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D920.0

【参考文献】