中国法治发展模式研究

发布时间：2018-03-30 01:02

本文选题：法治国家　切入点：现代法治模式　出处：《重庆大学》2011年硕士论文

【摘要】：目前,虽然学术界对法治国家的应然性问题,即法治国家的价值追求已经做出了大量阐释,在充分论述法治国家概念、法治国家价值追求等内容的基础上,绘制出了一幅法治蓝图。但是,对探索一种符合中国国情的法治模式却鲜有著作论及,法治模式的实证研究还有待加强,毕竟法治国家的实现还需要完成一个从文本到落实的过程。要弥补这种不足,就需要加强对中国法治发展模式的研究。在确定这个选题后,我认真收集了国内外有关法治发展模式的资料,认真拜读了许多中外学者的法学著作,基本上具备了一定的理论基础。正文分五部分,第一部分主要是对法治国家概念进行释义,包括对现代法治国家概念进行定义和对现代法治国家应具备的要素进行梳理;第二部分主要是实现法治的具体模式分析,包括对法治模式含义进行阐述和对实现现代法治国家模式进行归纳;第三部分主要是中国实现现代法治国家的模式选择,包括对中国特色社会主义法治特征进行分析和对中国选择结合型法治模式的必然性进行论述;第四部分主要是中国实现现代法治,应该具备哪些基本标志进行探究;第五部分主要是对中国实现法治现代化,应该注意的问题进行思考。最后得出了我国之所以选择结合型法治发展模式的必然性,这是国内外因素共同塑造的,可以说“内有动力,外有压力”共同推动了中国走“结合型”法治发展模式,这是历史和现实的必然选择。
[Abstract]:At present, although the academic circles have made a great deal of explanation to the problem of the state of rule of law, that is, the pursuit of value of the country ruled by law, on the basis of fully discussing the concept of the country ruled by law and the value pursuit of the country ruled by law and so on, A blueprint for the rule of law has been drawn. However, there are few works on exploring a model of rule of law in accordance with China's national conditions, and the empirical research on the model of rule of law needs to be strengthened. After all, the realization of a country ruled by law still needs to complete a process from text to implementation. After confirming this topic, I have carefully collected the information about the development model of the rule of law at home and abroad, and earnestly read the legal works of many Chinese and foreign scholars, which basically have a certain theoretical foundation. The text is divided into five parts, the first part is mainly to explain the concept of the rule of law, including the definition of the concept of the modern rule of law and the elements of the modern country under the rule of law. The second part is mainly about the analysis of the specific mode of realizing the rule of law, including the elaboration of the meaning of the mode of rule of law and the induction of the mode of realizing the modern state ruled by law; the third part is mainly about the mode choice of realizing the modern country ruled by law in China. It includes analyzing the characteristics of socialist rule of law with Chinese characteristics and discussing the inevitability of China's choice of a combined mode of rule of law. The fourth part is mainly about the realization of modern rule of law in China, which should have some basic signs to explore. The fifth part is mainly to realize the rule of law modernization in China, should pay attention to the problems. Finally, the author draws the conclusion that it is inevitable for China to choose the development mode of combining the rule of law, which is shaped by both domestic and foreign factors. It can be said that "internal power, external pressure" has jointly promoted China to take the "combined" mode of development of the rule of law. This is the inevitable choice of history and reality.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D920.0

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