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The Study Of Popularizing-law In New Period Of China

Posted on:2015-03-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:G LuFull Text:PDF
GTID:1266330428455765Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Popularizing-law makes an important part in the process of the rule of law inChina. Popularizing-law has affected hundreds of millions of Chinese people tochange their legal awareness and emotional, through the "First-year plan forpopularizing-law" in the eighties of the last century to the "Sixty-Five plan forpopularizing-law" at present. From a practical level, that laid the foundation for therule of law and social governance transformation in China. From a theoreticalperspective, the popularizing-law is an essential part in the construction of a rule oflaw country in China. It’s not only related to the success of that, but also would set abenchmark for the other countries of the world, which are on the transform of the ruleof law. So, the theoretical interpretation of popularizing-law can enrich the theory oftheories on the rule of law, and can in-depth understanding of the relationshipbetween law and social, also can promote public understanding of the law itself.The core viewpoint of this article is as follows.The construction of rule of law is the hope of rejuvenation of the Chinese nation,and is a kind of attempt to transformation of the mode of social governance. This isthe reconstruction of the governing structure, more than a transformation of thegovernance tools. And the construction of rule of law asks higher requirements to ourpeople. To achieve this goal depends on the cooperation of citizens and the consciousrecognition of the authority. The main avenues of cooperation is the law-abiding aswell as respect for legal authority. Under the situation of people lack of identity of law,popularizing-law becomes an indispensable way to build the rule of law. It’s theinevitable choice of China’s present, that clear understanding of the position and roleof popularizing-law in the construction of the rule of law, improving its shortcomings,and playing popularizing-law maximum effect.The innovation of this article is as follows.Firstly, by analyzing the shifting focus of the popularizing-law from the first-year plan to sixty-five plan, the paper tells the internal logical path ofpopularizing-law, analyzes the structure of the popularizing-law, and has an insightinto its intrinsic motivation.Secondly, the paper clears the function and limitation of the popularizing-law. Itis conducive to straighten out the status of the popularizing-law, to formulatereasonable content of the popularizing-law and to the development ofpopularizing-law planning.Thirdly, the paper proposes the optimization Ways of objectives, structure,methods, and evaluation and feedback mechanisms of the popularizing-law. This isconducive to allow the popularizing-law able to continue to carry out long-term andeffective.The full text is divided into five chapters eliminating the introductory remarkand the concluding remark.The introductory remark guides to the subject of this paper, and indicates theimportant significance of popularizing-law, by analysis of the isolation between thelaw and the public in our contemporary society.The part of "the origin of popularizing-law in new period of China" introducesthe history and theoretical background of popularizing-law. And it explains whyChina chooses the road of the rule of law after the reform and opening up from theory.The direct cause of the reform of China’s legal is a reflection of the historicalexperience after the founding of New China, especially the ten years of the "CulturalRevolution". At the end of the1970s, the Chinese out of the shadow of the "CulturalRevolution", the rule of law is becoming the general mentality of the people; the lawhas gradually become the focus of national governance. After more than10years oftheoretical explorations and experience summary, the rule of law has been a basicnational statecraft. This is the achievements of China’s modernization, marks China’ssocial governance model transition from the reign to the rule of law. However, suchtransition, along with the generation gap between the law and the public. In order tosolve the contradiction and promote the development of our legal constructionprocess, the popularizing-law emerged.The part of "the situation of popularizing-law in new period of China" briefly reviewed the history of popularizing-law from the first-year plan to the sixty-five.During that the popularizing-law is not a consistent, it changes with the change ofChina policy, social in the situation, and the deepen cognition of the social of rule oflaw. During the first-year plan and the second-year plan, which is time of China’slegal system start-up period, the main task of the popularizing-law is thereconstruction of the social order. During the third-year plan, rounding theestablishment of the socialist market economy construction, the main task of thepopularizing-law is to emphasize the laws to guarantee for economic development;From the forth-year plan till now, the popularizing-law focus on the legal quality ofcitizens and legal idea promotion, this is also the requirements of the country of therule of law. Review the history of popularizing-law, helps us to understand thetrajectory of China’s rule of law and the transformation of social governance model.On this basis, summarizes the characteristics of popularizing-law in China, includingthe diversification of forms, standardization of popularizing-law activities and thefocus of popularizing-law activities of standardization and the focus ofpopularizing-law object.The part of "the structure of popularizing-law in new period of China" attemptsto clarify the running mechanism of popularizing-law from a structural point of view.From the view of the subject of popularizing-law, the government is responsible forplanning of the popularizing-law activities and promotes it; the community of juristsand the media is an integral part who helps the government to carry out thepopularizing-law. The audience of popularizing-law is the overwhelming majority ofthe Chinese people. The modes of popularizing-law mainly include legal advocacyand legal education. The contents of popularizing-law are mainly to legal knowledge.The analysis of the structure of the popularizing-law can help us to understand theoperation of the mechanism of the popularizing-law, resulting clearing the objectivewhen planning the popularizing-law.The part is "the reflection of popularizing-law in new period of China". Firstlythe paper analyzes the limitations of the popularizing-law, considering that there arenatural limits and effect limits in the popularizing-law. From the natural limits, it isnecessary to distinguish the boundaries between professional legal education and popularizing-law, avoiding the low efficiency of the effect of the popularizing-law.Speaking of the effect limits, we should also have a clear understanding for the effectof the popularizing-law, not making excessive or low judgment. Secondly, paperanalyzes some shortcomings of the popularizing-law, including the less attention tothe audience, the defects of the contents, and the formalization. Thirdly, paperdiscusses the impact of the external environment to the popularizing-law, mainlyincluding the positive and negative effects of the political and cultural to thepopularizing-law.The part of "the perfection of popularizing-law in new period of China",discusses the popularizing-law perfect way to China In the goals of popularizing-law,we should be popular on the value of the law and the thinking mode, in order toachieve public understanding of the law and its running, and to internalize the law,and eventually to establish legal authority. That different audience with differentpromotional strategies can obtain the best results of the popularizing-law. In the formsof publicity, we should give full play to the role of the media, making thepopularizing-law deeply rooted. In the content of popularizing-law, we should makethe balance between the rights and the obligations, the common sense and the theory,law as a whole and individual legal. Finally,we should establish the feedback andevaluation mechanisms of the popularizing-law which can make the popularizing-lawwork well, and can develop healthily.
Keywords/Search Tags:Popularizing-law, Rule of law, Governance, Audience
PDF Full Text Request
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