法理视野中的市民社会及其在中国的建构
发布时间：2018-12-25 12:51
【摘要】： 市民社会理论在历史上是西方文明的产物,是对西方历史进程的一种理论抽象和深层关怀。虽然它只反映了西方现代化的发展演进路径,并满足了这一进程对理论的迫切需要,但市场经济全球化标示着现代化进程在世界其他地区也不可避免,因而市民社会与政治国家之间矛盾的发展,也是一个市民社会不断获得政治解放而展现人的自由理性精神和利益诉求的伟大进程,因此是人类社会最基本、最深层的发展向度。正是市民社会与国家的分离和互动发展,奠定了法治运行的基础,也设定了法治的界限。因此,中国要真正走向民主与法治,就必须重构国家与市民社会的关系,建立蕴含中华文化的中国式市民社会,确立多元权利基础、公权力权威和良法之治,并实现依法治国和市民社会理性规则秩序的回应与契合。 本文是立足于法理学的角度对市民社会展开论述的。全文由六章内容构成。第一章为绪论,此部分从总体上介绍了本文的选题,包括选题的国内外研究现状述评,选题的理论意义和现实意义,选题的基本内容及选题的研究思路和方法。第二章回顾了市民社会理论的变迁。市民社会理论自产生直至今日,大体上经历了四个阶段:市民社会与政治国家的高度融合,市民社会与政治国家的二元分立,马克思关于市民社会与政治国家理论的批判与超越,当代市民社会与政治国家关系发展的新范型。第三、四、五章是本文的主体内容,分别从法律秩序、法的基本价值和法的核心范畴这三个方面详细论证了市民社会与法理学之间的内在勾连,也为第六章即法理如何为中国的市民社会建设指明方向,法律如何保障、维护市民社会作了理论铺垫。第六章立足于中国的现实,就如何完善有利于我国市民社会建设的法律架构提出了具有针对性的举措:落实宪法有关人民基本自由与权利的保障,对培育市民阶层发展壮大的私有财产权相关法律的检讨与进一步修订设想,确认社会团体合法性并扶植它们进一步发展,在授予国家、特别是政府权力的相关法律中提出明确的限权要求。结论部分对与我国形成中的市民社会相适应的法律建构进行了展望。
[Abstract]:The theory of civil society is the product of western civilization in history and a theoretical abstraction and deep concern for the process of western history. Although it only reflects the path of development and evolution of modernization in the West and meets the urgent need for theory in this process, the globalization of the market economy indicates that the process of modernization is inevitable in other parts of the world. Therefore, the development of contradiction between civil society and political state is also a great process for civil society to obtain political liberation and show man's free and rational spirit and interest demand, so it is the most basic and deepest development direction of human society. It is the separation and interactive development of civil society and state, which lays the foundation of the rule of law and sets the limits of the rule of law. Therefore, in order to move towards democracy and the rule of law, China must reconstruct the relationship between the state and civil society, establish a Chinese-style civil society containing Chinese culture, establish the foundation of pluralistic rights, the authority of public power and the governance of good law. And to achieve the rule of law and civil society rational order of the response and agreement. This paper is based on the perspective of jurisprudence to discuss the civil society. The full text consists of six chapters. The first chapter is the introduction, this part introduces the topic of this article in general, including the domestic and foreign research review of the topic, the theoretical and practical significance of the topic, the basic content of the topic and the research ideas and methods. The second chapter reviews the changes of civil society theory. The theory of civil society has gone through four stages since it came into being until now: the high integration of civil society and political state, the dual separation of civil society and political state. Marx's criticism and transcendence on the theory of civil society and political state, and the new paradigm of the development of the relationship between civil society and political state. The third, fourth and fifth chapters are the main content of this paper, respectively, from the legal order, the basic value of law and the core category of law to demonstrate the internal connection between civil society and jurisprudence in detail. It also lays a theoretical foundation for the sixth chapter, that is, how to point out the direction for the construction of civil society in China, how to protect and safeguard the civil society. The sixth chapter is based on the reality of China, how to improve the legal framework conducive to the construction of civil society in China put forward targeted measures: to implement the Constitution on the protection of people's fundamental freedoms and rights, The review and further revision of the laws relating to private property rights, which foster the development and growth of the public class, confirm the legitimacy of social organizations and foster their further development, In particular, the relevant laws of government power put forward explicit power restriction requirements. In conclusion, the author looks forward to the legal construction suitable for the civil society in China.
【学位授予单位】：江南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
本文编号：2391152
[Abstract]:The theory of civil society is the product of western civilization in history and a theoretical abstraction and deep concern for the process of western history. Although it only reflects the path of development and evolution of modernization in the West and meets the urgent need for theory in this process, the globalization of the market economy indicates that the process of modernization is inevitable in other parts of the world. Therefore, the development of contradiction between civil society and political state is also a great process for civil society to obtain political liberation and show man's free and rational spirit and interest demand, so it is the most basic and deepest development direction of human society. It is the separation and interactive development of civil society and state, which lays the foundation of the rule of law and sets the limits of the rule of law. Therefore, in order to move towards democracy and the rule of law, China must reconstruct the relationship between the state and civil society, establish a Chinese-style civil society containing Chinese culture, establish the foundation of pluralistic rights, the authority of public power and the governance of good law. And to achieve the rule of law and civil society rational order of the response and agreement. This paper is based on the perspective of jurisprudence to discuss the civil society. The full text consists of six chapters. The first chapter is the introduction, this part introduces the topic of this article in general, including the domestic and foreign research review of the topic, the theoretical and practical significance of the topic, the basic content of the topic and the research ideas and methods. The second chapter reviews the changes of civil society theory. The theory of civil society has gone through four stages since it came into being until now: the high integration of civil society and political state, the dual separation of civil society and political state. Marx's criticism and transcendence on the theory of civil society and political state, and the new paradigm of the development of the relationship between civil society and political state. The third, fourth and fifth chapters are the main content of this paper, respectively, from the legal order, the basic value of law and the core category of law to demonstrate the internal connection between civil society and jurisprudence in detail. It also lays a theoretical foundation for the sixth chapter, that is, how to point out the direction for the construction of civil society in China, how to protect and safeguard the civil society. The sixth chapter is based on the reality of China, how to improve the legal framework conducive to the construction of civil society in China put forward targeted measures: to implement the Constitution on the protection of people's fundamental freedoms and rights, The review and further revision of the laws relating to private property rights, which foster the development and growth of the public class, confirm the legitimacy of social organizations and foster their further development, In particular, the relevant laws of government power put forward explicit power restriction requirements. In conclusion, the author looks forward to the legal construction suitable for the civil society in China.
【学位授予单位】：江南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0
【引证文献】
相关硕士学位论文 前3条
1 陈果;我国农民工市民化的法律思考[D];湖南师范大学;2011年
2 李琴宝;中国法治建设路径选择[D];西北师范大学;2011年
3 韦昊;论自然灾害下人权保障[D];苏州大学;2012年
，本文编号：2391152
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