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The Formation Of Citizens' Rule Of Law

Posted on:2016-03-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:D B XiaFull Text:PDF
GTID:1106330461468635Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Promoting the rule of law comprehensively doesn’t only mean the reformation and perfection of the legal system and mechanism, but constructing and cultivating the citizens’ consciousness of rule of law is also important. The citizens’ consciousness of rule of law plays a fundamental role in the practice of the rule of law in China contemporarily. The true meaning of the rule of law can be realized on one day, when law respecting, law abiding, and law enforcement has become a habit, a kind of general social interaction and behavior, the rule of law has engraved in the hearts of people, has been a belief of all the citizens and a cultural existence infiltrating into all the aspects of social life.The paper focuses on the issue how to promote the generation of the citizens’ consciousness of rule of law; the author expounds the issue detailed from four chapters.The author studies the connotation, the function and the structure of the citizens’ consciousness of rule of law in the first chapter. In this chapter the author thinks, the legal consciousness is different from the consciousness of rule of law, which has the conception of value orientation. It performs for the citizens’ understanding, participation, trust and defense for the consciousness of rule of law. It helps the society of rule of law model the qualified citizens, shape good rules adapting to the society, ensure the implementation of good rules, guide the citizens’ behaviors and cultivate the concept of shared value etc.. The law abiding consciousness, the contract consciousness, the rational consciousness, the self consciousness and the procedural consciousness are the main contents of the citizens’ consciousness of rule of law.The second chapter studies the process of formatting the citizens’ consciousness of rule of law and its conditions. First of all, through the classical literatures, the author analyses the principle of formatting the citizens’ consciousness of rule of law using juristic theories, such as the ancient Greek philosophers, the school of natural law, the school of analysis of positivism, the school of utilitarianism law, the school of historical law, the school of social law, the school of economic law etc.. Secondly, through adopting the interdisciplinary research method, the author reveals the process of formatting the citizens’ consciousness of rule of law by applying the related theories of psychology, sociology, economics and other disciplines. Finally, on the base of the theoretical interpretations and interdisciplinary analyses, the author concludes the basic conditions of formatting the citizens’ consciousness of rule of law from four aspects of system, state, society and individual.The third chapter analyzes the factors of generating obstacles for the citizens’ consciousness of rule of law in China contemporarily and the current status of the promoting mechanism for the awareness of the citizen’s rule of law. On the base of empirical analysis about the citizens’ legal cognition condition, the level of citizens ’ participation and implementation on laws, compliance and dependence on laws,the author reveals the citizens’ consciousness of rule of law is at a relatively low level currently. At the same time, the author investigates the operation status of the currently chinese "publicity and education mechanism” in details, and expounds the influence of “the thirty years’ legal education”, “the rule of law in the school and family education", "the media legal propaganda" on the formation of The citizens’ consciousness of rule of law. Finally from the aspects of traditional culture, economy, politics, social structure and the construction of rule by law to explore summed up the obstacle factors of the formation of Chinese citizens awareness of the rule of law.The fourth chapter studies the path of generating the citizens’ consciousness of rule of law. Based on the studies of the former three chapters, according to the research on the process of formatting the citizens’ consciousness of rule of law and its conditions, the factors of generating obstacles for the citizens’ consciousness of rule of law in China contemporarily, and the operation status of the currently Chinese “publicity and education mechanism”, the author investigates the basic current situation of Chinese legal popularization and education mechanism in detail. Finally, the author throws out a suggestion,the following path can promote the formation of the citizens’ consciousness of rule of law effectively: the first is to improve the practice of the rule of law firmly to meet the conditions of the generation of the citizens’ conciousness of rule of law; the second is to established a social sestem to promoting the citizens’ consciousness of ruling by legality,where law educations is the main point, legal services and legal popularization are the auxiliary two points.
Keywords/Search Tags:citizen, consciousness of rule of law, belief in the, rule of law, popularizing legal knowledge
PDF Full Text Request
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