论利益平衡目标下的法律公正

发布时间：2019-02-26 12:04

【摘要】：利益平衡和法律公正,是当代人们关注的理论问题和实践问题。随着市场经济的扩展和各类利益的多元化,在依法治国理政的进程中,我国学界和法律工作者对这个问题正在深入进行研究和讨论。本文是在这样背景下所作的思考和探索。第一章简述利益的本质和表现形式,阐述法律与利益的关系。人们的一切奋斗都与利益有关,每个社会的经济关系首先作为利益表现出来,人类社会发展史揭示出不同社会形态下的利益格局。所谓利益平衡,其含义可分两个层次,它既是治国施政过程中的价值目标,又是现代法治进程中的法理方略,两者应当得到有机统一。社会主义利益平衡目标,即以科学发展观为指导,立足国情现实,着力推进法治,健全收入分配制度,高扬公平正义,构建和谐社会,促进全面发展,逐步实现共同富裕。第二章论述当代中国法律的价值取向。为了实现利益平衡目标,法律必须反映全社会的需要,以公平正义为价值取向。当代中国法律发展历程表明,法治取代人治是现代社会发展的必然规律,新型权利本位是社会主义初级阶段的法律范式,公平正义是现代法律的生命线,要求法律全面公正,做到立法公正、执法公正、司法公正。立法是一个利益配置过程,应当广纳民意,限制恣意,提高立法质量。执法公正的关键是政府必须做到真诚为人民服务和取信于民。司法是维护社会正义的最终手段,只有公正裁决,才能使社会安定,使执政党和司法具有公信力。第三章综述当今法律面对的难点和挑战。择重有三：一是国际社会国与国之间利益难以平衡,由于霸权主义的存在,致使许多国家利益受损。二是弱势群体利益与强势群体利益的平衡难度很大,贫富差距拉大已成为当今严重的社会问题。三是经济利益与生态利益的平衡难以实现,原因是现实中的经济利益强劲冲击着生态利益。这些难点和挑战正考验着人类智慧,如果处置得好,可转化为国内法和国际法发展的内在动力。第四章论述我国实现利益平衡目标下法律公正之路径。实现法律公正,是法治全面优化的问题。应当全力推进宪政建设,通过制度与体制创新,突出立法权、行政权、司法权的合理配置。要强化法律信仰,优化专业队伍,搞好法学教育,建造现代法律文化。要在全社会培育学法、懂法、守法、依法办事的好风尚和好习惯。公正与腐败势不两立,必须加大反腐败斗争的力度。应当认识到,这是一个伟大的艰巨的社会工程,需要我们持久不懈地去努力奋斗。
[Abstract]:The balance of interests and the justice of law are the theoretical and practical problems that people pay close attention to. With the expansion of market economy and the diversification of all kinds of interests, in the process of ruling the country according to law, the academic circles and legal workers in our country are deeply studying and discussing this problem. This paper is in such a background of thinking and exploration. The first chapter briefly describes the nature and forms of interest, and expounds the relationship between law and interest. All people's struggles are related to interests. The economic relations of each society are first expressed as interests, and the history of human social development reveals the pattern of interests under different social forms. The meaning of the so-called balance of interests can be divided into two levels. It is not only the value goal in the process of governing the country, but also the legal strategy in the process of modern rule of law. The two should be organically unified. The goal of socialist interest balance is to take the scientific view of development as the guidance, base on the reality of the national conditions, push forward the rule of law, perfect the income distribution system, promote fairness and justice, build a harmonious society, promote all-round development, and gradually realize common prosperity. The second chapter discusses the value orientation of contemporary Chinese law. In order to achieve the goal of balancing interests, the law must reflect the needs of the whole society and take fairness and justice as the value orientation. The development of contemporary Chinese law shows that the rule of law replaces the rule of man is the inevitable law of the development of modern society, the new type of right standard is the legal paradigm of the primary stage of socialism, fairness and justice is the lifeline of modern law, and it requires the law to be comprehensive and fair. To achieve legislative justice, law enforcement justice, judicial justice. Legislation is a process of allocation of interests, we should absorb public opinion, limit wanton, and improve the quality of legislation. The key to the justice of law enforcement is that the government must serve the people in good faith and win the trust of the people. Justice is the ultimate means to maintain social justice. Only by just ruling can we make the society stable and make the ruling party and judicature have credibility. The third chapter summarizes the difficulties and challenges faced by the law today. There are three choices: first, the interests of the international community are difficult to balance, because of the existence of hegemonism, many national interests are damaged. Second, it is very difficult to balance the interests of the weak group and the strong group, and widening the gap between the rich and the poor has become a serious social problem. Third, the balance between economic interests and ecological interests is difficult to achieve, because the real economic interests strongly impact the ecological interests. These difficulties and challenges are testing human wisdom and, if handled well, can be translated into internal forces for the development of domestic and international law. The fourth chapter discusses the path of realizing legal justice under the goal of balancing interests in our country. The realization of legal justice is an overall optimization of the rule of law. The construction of constitutionalism should be fully promoted, and the rational allocation of legislative power, executive power and judicial power should be emphasized through system and system innovation. We should strengthen the legal belief, optimize the professional team, do a good job in legal education, and build a modern legal culture. Learn the law, understand the law, abide by the law, and act in accordance with the law, good habits and habits should be nurtured in the whole society. Justice and corruption do not stand side by side, we must intensify the fight against corruption. It should be recognized that this is a great and arduous social project that requires sustained and tireless efforts.
【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】：D90

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