论守法与立法、执法、司法的关系

发布时间：2018-08-25 11:32

【摘要】：相对于立法、执法和司法而言,守法是一个被理论界和实践界长期忽视的重大问题,十八大将全民守法作为全面落实依法治国基本方略的要求之一,在此背景下,研究守法无疑具有良好的理论意义和实践意义。现代的公民守法含义,并不是简单的服从法律,而且还包含着善于运用法律去维护自身权益,并建立起对法律的信仰。现实生活中,法律制定出来,人们并没有很好的遵守法律。人们不守法,是有很多因素造成。要实现全民守法,其实是一个庞大的社会工程。人们是否守法,一般认为是与守法主体、社会文化、社会环境、法律自身等有关。本文从法的运行角度出发,分析守法分别与立法、执法、司法的关系,进而探讨出立法、执法、司法对于守法的影响,从而提出在法的运行中,在实施立法、执法、司法行为时,就应充分考虑到守法。也就是说,要让守法贯穿在立法、执法、司法三个环节中,达到法的运行一体化,才能更好的实现守法效果。本文运用系统方法、理论与实践相结合的方法、价值分析方法等方法依次分析了守法与立法的关系、守法与执法的关系、守法与司法的关系以及四者的一体化等四个主要问题。以守法为中心并将此作为分析的逻辑起点,以四者的一体化以促进全民守法的实现作为分析的逻辑落脚点,既充分阐述了四者关系的基本理论,又运用大量生活中的案例加以解释说明:立法是守法的的依据和前提,守法是检验立法正确与否的标准;妥善的执法对守法有着促进作用,守法也是对执法部门的要求,积极守法有利于降低执法成本;司法活动的独立性和司法人员素质高低都对守法主体的守法程度产生着影响,守法主体形成的民意既会对司法活动形成监督,但是也会影响司法的独立性;立法、执法、司法、守法作为法的系统四要素,相互作用,不断运动,保持着动态的平衡,实现四位一体化,才能有效的发挥出法律系统的最大作用。
[Abstract]:Relative to legislation, law enforcement and justice, abiding by the law is a major issue that has long been neglected by the theoretical and practical circles. The 18th National Congress has made the observance of the law one of the requirements for the overall implementation of the basic strategy of governing the country according to law. There is no doubt that the study of compliance with the law has good theoretical and practical significance. Modern citizens obey the law not simply by law, but also by using the law to protect their own rights and interests, and to establish their faith in the law. In real life, laws are made, and people do not follow the law very well. People do not abide by the law, there are many factors. To achieve the law-abiding by the people, is actually a huge social project. Whether people obey the law is generally considered to be related to law-abiding subject, social culture, social environment, law itself and so on. From the angle of the operation of law, this paper analyzes the relationship between law-abiding and legislation, law enforcement and judicature, and then discusses the influence of legislation, law enforcement and judicature on law-abiding, and then puts forward that in the operation of law, the implementation of legislation, enforcement of law, In judicial conduct, due consideration should be given to the observance of the law. That is to say, we should make law-abiding run through legislation, law enforcement and judicature in order to achieve the integrated operation of law, so as to achieve a better law-abiding effect. In this paper, four main problems are analyzed, such as the relationship between law-abiding and lawmaking, the relationship between law-abiding and law-enforcing, the relationship between law-abiding and judicature, and the integration of the four subjects by the methods of system method, theory and practice, value analysis method and so on. Taking law-abiding as the center and taking this as the logical starting point of analysis, taking the integration of the four as the logical foothold to promote the realization of the law of the whole people, the basic theory of the relationship between the four is fully expounded. It has also been explained by a large number of living cases: legislation is the basis and premise of law-abiding, and law-abiding is the standard to test whether legislation is correct or not; proper enforcement of the law promotes compliance with the law, and law-abiding is also a requirement for law enforcement departments. The independence of judicial activities and the quality of judicial personnel have an influence on the law-abiding degree of law-abiding subjects, and the public opinion formed by law-abiding subjects will supervise judicial activities. But it will also affect the independence of the judiciary; legislation, law enforcement, justice, and compliance with the law are the four elements of the system of law, interacting with each other, constantly moving, maintaining a dynamic balance, and realizing the integration of the four. In order to play an effective role in the legal system.
【学位授予单位】：吉首大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D920.0

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