公民性品格：法治秩序的文化支撑

发布时间：2019-01-21 15:34

【摘要】： 公民性品格在西方法治生成、发展、变迁的历史进程中显示了重要的推动作用,也即,公民性品格的塑造推动了法治秩序的生成,并构成了法治秩序的文化支撑,成为法治秩序的重要推动力量。从古希腊起,公民性品格为城邦独特的直接民主制及其公民大会的生成提供了良好的内在动力,促成了原初意义的古代“法治”。中世纪欧洲历史的独特性、城市的兴起以及3R运动塑造了近代公民性品格,推动了民族国家的生成和近代法治的发展。我国由于传统社会专制主义的统治模式,家国一体的社会结构以及自然经济,造成了根深蒂固的臣民意识和小农意识,极大地限制了当代中国的法治化进程。因此,公民性塑造将成为法治化进程的关键要素。一方面,公民性品格作为法治社会的内在动力,有助于实现公民对权利、自由、平等的追求以及法律至上观念的弘扬;另一方面,公民的民主参与、权利意识、主体意识等公民性品格的价值理念又限制、消解了国家权力的滥用与专断,更好地保障自由和权利,推动法治国家的建立。
[Abstract]:Civic character has played an important role in the historical process of the formation, development and change of the rule of law in the west. In other words, the shaping of the civic character has promoted the formation of the order of the rule of law, and has formed the cultural support of the order of the rule of law. To become an important driving force of the rule of law order. Since ancient Greece, the civic character has provided a good internal motive force for the formation of the city-state 's unique direct democracy and its citizens' Congress, and contributed to the ancient "rule of law" in the original meaning. The uniqueness of medieval European history, the rise of cities and the 3R movement shaped the character of modern citizenship and promoted the formation of nation-state and the development of the rule of law in modern times. Because of the ruling mode of the traditional social autocracy, the social structure of the family and the state as well as the natural economy, the deeply rooted consciousness of subjects and small farmers has greatly restricted the process of ruling by law in contemporary China. Therefore, the shaping of citizenship will become a key element in the process of rule of law. On the one hand, the character of citizenship, as the internal power of the society ruled by law, is helpful to realize the citizens' pursuit of rights, freedom, equality and the promotion of the idea of the supremacy of law. On the other hand, citizen's democratic participation, consciousness of right, consciousness of subject and other values of civic character limit the abuse and arbitrariness of state power, protect freedom and rights better, and promote the establishment of a country ruled by law.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D920.0

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