董必武依法执政思想研究

发布时间：2018-10-18 06:45

【摘要】：中国共产党在十六大上明确提出要坚持依法执政，强调依法执政能力是各级党委和领导干部必须具备的五种能力之一。十六届四中全会再次强调新的历史条件下依法执政是党执政的一个基本方式。十七大报告明确了把提高党科学执政、民主执政、依法执政水平作为党的伟大任务之一，这就需要中国共产党既要借鉴在革命、建设、改革的执政实践中积累的宝贵经验，又要放眼世界，吸收借鉴世界各国执政党的有益成果，结合实践，不断完善党的执政理论，提高党的依法执政水平，增强党的执政能力建设。董必武作为中国共产党的重要领导者之一和新中国法制方面的主要奠基人之一，他一生执着追求法治思想，强调法律在管理国家政权和社会生活中的重要作用，通过立法、司法、执法、守法、法律教育等全面构建社会主义法律体系，以有法必依为重，树立社会主义法制权威。本论文运用历史文献，通过对董必武传记、文集及其政治法律思想著作等纵横梳理，深入剖析董必武依法执政思想，以期得到对当今党依法执政的有益指导和启示。本文主要分三个部分：第一部分介绍董必武依法执政思想形成的背景条件。其主观条件是董必武青年时期留学日本攻读法律专业，获得专业的法律知识，为其奠定深厚的法学知识。回国后接受马克思主义，五四运动前后转变为马列主义者，从此成为马列主义法学观的信徒。客观条件是随着新民主主义革命的发展，武装斗争和根据地建设成为中国共产党领导新民主主义革命的两个重要方面，为更好的配合武装斗争，法制建设对开展根据地政权建设的作用越发重要，董必武开始了根据地法制建设的实践。建国后，新中国法制不健全，中国共产党作为执政党迫切需要建立法律制度巩固、建设、管理国家，董必武受任主持新中国的政法工作。第二部分介绍董必武依法执政思想的主要内容。其主要内容包括：其一，在国家政权建立建设中，健全的法律制度是执政党依法执政的前提；其二，依法执政必须坚持党政分开原则，是依法执政的关键。党必须按政府法令制度行使国家政权，要使政府真正有权，，有效实现人民的利益，否则，就是家长制，丧失民主，最终削弱党对国家的领导；（三）正确理顺党法关系。法律有至上的权威性，所以党和国家政权的活动必须在宪法和法律规定的范围之内，而党不按照法律办事的表现之一就是党政不分。以党代法，以权压法长期后果是国家腐败无序而亡。党执掌国家政权，必须要提高党员法律意识，模范守法，这是是依法执政的核心；（四）依法办事，前提有法可依，重点是有法必依。依法办事为党政分开，党法分开提供了有效实现途径，目的要法治而不是人治，是依法执政的保障；（五）依法执政还必须培养法律人才干部，有了法，没有懂得运用法律的人也等于无法。国家必须通过积极创建各类法律院校，开展法学研究等培养法律人才。第三部分主要是对董必武依法执政思想的评价。董必武依法执政思想极大丰富了毛泽东法学思想，是中国依法治国理论的重要来源，推动了建国初期的法制建设，促进了中国共产党依法执政。这一过程中，董必武依法执政思想表现出高度的战略性、独特的创新性、深刻的辩证性、鲜明的实践性的特点。
[Abstract]:At the 16th National Congress of the Communist Party of China, the Communist Party of China clearly stated that it is necessary to adhere to the law and to emphasize that the ruling ability according to law is one of the five abilities necessary for Party committees and leading cadres at all levels. The Fourth Plenary Session of the Sixteenth Central Committee of the People's Republic of China stresses once again the new historical conditions to govern in accordance with the law is a basic way of the Party's ruling. The 17 th report clearly defines the Party's scientific ruling, democratic governance and ruling by law as one of the great tasks of the Party, which requires that the Communist Party of China should draw on the valuable experience accumulated in the practice of revolution, construction and reform, and also put an eye on the world. absorbing the beneficial results of the ruling party in the world, combining with practice, continuously improving the Party's governing theory, improving the ruling level of the Party, and enhancing the Party's ruling ability. Dong Biwu, as one of the important leaders of the Communist Party of China and one of the main founders of the new China legal system, has devoted his whole life to the thought of the rule of law, emphasized the important role of the law in the management of the state power and the social life, and adopted legislation, judicial and law enforcement. To construct a socialist legal system in a comprehensive way, such as law-abiding and legal education, to set up a socialist legal system in accordance with the law On the basis of historical documents, this paper analyzes Dong Biwu's ruling thought in accordance with the law by analyzing Dong Biwu biographies, anthologies and their political legal thoughts, so as to obtain the beneficial guidance for the Party's ruling in accordance with law. Enlightenment. This article is divided into three parts: the first part introduces Dong Biwu's ruling thought formation according to law. The subjective condition is that Dong Biwu young people study in Japan to pursue legal profession, acquire professional legal knowledge, and lay a solid foundation for it Knowledge of law of law. After returning to China, it is accepted by Marxism. After the five-fourth movement, it is transformed into the legal knowledge. Since then, it becomes the law of law. The objective condition is that with the development of the new democratic revolution, armed struggle and base area construction have become two important aspects of the new democratic revolution led by the Communist Party of China. With more and more importance, Dong Biwu began the rule of law in the base area After the founding of the People's Republic of China, the new China legal system is not perfect, and the Communist Party of China, as the ruling party, urgently calls for the establishment of a legal system to consolidate, construct and manage the state, and Dong Biwu is under the leadership of the new China The second part introduces Dong Biwu's ruling thought according to law. The main contents include: firstly, in the establishment of the state power, the sound legal system is the premise of ruling the ruling party according to law; secondly, it is necessary to adhere to the principle of party-government separation according to law, and it is in accordance with law The key to the ruling party is that the Party must exercise the power of the state in accordance with the system of governmental decree, so as to make the government truly have the right to effectively realize the interests of the people, otherwise, it is paternalism, loss of democracy, and finally weaken the Party's leadership of the state; (iii) correct The law has the highest authority, so the activities of the Party and the state power must fall within the scope of the Constitution and the law, and the Party does not act according to the law. The long-term consequence of the right-to-press law is national corruption. The Party is in charge of the state power and must improve the legal consciousness of the Party members and the law-abiding, which is the core of the ruling in accordance with the law; and (4) to act in accordance with the law, provided that there are laws and regulations. It is necessary to act in accordance with the law to separate the Party's government and to separate the party law. The purpose of the Party Law is to provide an effective way of realizing the rule of law and not the rule of people. It is the guarantee of ruling in accordance with the law. (5) It is also necessary to train legal personnel cadres according to law, and there are laws and people who do not understand the use of the law It is also equal to impossible. The State must actively create various legal institutions, conduct legal studies, etc. The third part is to govern Dong Biwu in accordance with law Dong Biwu's thought of ruling by law has enriched Mao Zedong's legal thought, which is an important source of the theory of governing the country according to law, which has promoted the construction of the legal system in the early years, and promoted the co-production in China. The Party is in power in accordance with the law. In this process, Dong Biwu's ruling ideology in accordance with law shows a high degree of strategic, unique innovation, profound dialectic and vivid reality.
【学位授予单位】：哈尔滨工业大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D26;D909.2

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