我国法律公信力提升研究

发布时间：2018-06-20 05:42

本文选题：法律公信力 + 法律权威　；参考：《湖南师范大学》2010年硕士论文

【摘要】： 改革开放三十多年来,我国法制建设取得了不小的成就,社会主义法律体系已经基本形成,有法可依已成为现实。但在当下,我国法律公信力不高却是不争的事实,法律公信力的缺失已成为我国推进法治国家建设进程的瓶颈。如何提升我国法律公信力已成为一个亟待解决的理论和实践问题,本文的撰写意在为此尽一份绵薄之力。法律公信力是法律赢得社会公众信任和信赖的能力,法律公信力是法律权威的内在属性。法律公信力生成的理论基础是社会契约理论,经济基础是市场经济,政治基础是民主宪政,而权利文化是其观念基础。树立法律权威是构建法律公信力的前提,良法是构建法律公信力的基础,树立法律信用是构建法律公信力的关键。法律公信力的功能包括社会控制功能、法律权威保障功能和法律信仰培育功能。法律公信力具有的价值包括法律公信力是法律引起服从的重要力量,是降低法律运行成本、提高法律运行效率的重要手段。目前我国法律公信力缺失,我国法律公信力缺失的原因包括历史原因和现实原因两个方面,其中历史原因是我国法治传统的缺失,现实原因是法律权威的缺失和法律信用的缺失。要提升我国法律公信力,首先要确立以人为本的现代法律理念；其次要树立法律信用,在立法方面,要通过民主立法和科学立法来构建良法；在执法方面,要将严格执法和人性执法相结合；在司法方面,要维护司法公正,打造便民司法,以此提升司法公信力。最后,民众要调适法律观念,正确认识现代法律其服务于人、造福于人的本质,从而建立起法律公信力的受众基础。
[Abstract]:Since the reform and opening up for more than thirty years, our country's legal system has made great achievements, the socialist legal system has been basically formed, and the law has become a reality. But in the present time, the legal credibility of our country is not high but the fact that the lack of legal credibility has become the bottleneck of the process of promoting the construction of the rule of law in our country. The credibility of national law has become a theoretical and practical issue to be solved urgently.
The legal credibility is the ability to win the trust and trust of the public by law. The legal credibility is the intrinsic property of the legal authority. The theoretical basis of the generation of legal credibility is the social contract theory, the economic foundation is the market economy, the political foundation is the democratic constitutionalism, and the right culture is the basis of its concept. The premise of the belief is that the good law is the foundation of building the credibility of the law, and the establishment of legal credit is the key to the construction of legal credibility. The functions of the legal credibility include the function of social control, the function of the legal authority and the cultivation of legal belief. The value of legal credibility, including the legal credibility, is an important force of the law to cause obedience. It is an important means to reduce the cost of law operation and improve the efficiency of legal operation. The lack of legal credibility in our country at present, the reasons for the lack of legal credibility in our country include two aspects of historical and practical reasons, of which the historical reason is the lack of the tradition of the rule of law in our country, the actual reason is the lack of legal authority and the lack of legal credit. In order to promote the legal credibility of our country, we should first establish the modern legal concept of people oriented; secondly, we should set up legal credit and build a good law through democratic legislation and scientific legislation in legislation; in the field of law enforcement, we should combine strict law enforcement with the law of human nature; in the judicial aspect, we should safeguard judicial justice and build a judicial justice. This improves the credibility of the judiciary. Finally, the people should adjust the legal concept, correctly understand the modern law to serve the people, benefit the nature of the human, and thus establish the basis of the public credibility of the law.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0

【引证文献】