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A Study On The Legal Quality Of "Mutual Respect For Rights" Among Citizens And Its Nurturing

Posted on:2017-02-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:S Q RaoFull Text:PDF
GTID:1316330512959594Subject:Ideological and political education
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The prevention and address of many social conflicts and problems in China, as well as the practice of social administration and social life urgently call for citizens' legal quality of mutual respect for rights. However, "mutual respect for rights" shall mean recognition of the legitimate rights entitled to each subject and efforts to promote the legal values, system and code of conduct with which the legitimate rights can be exercised. Thus, the legal quality of "mutual respect for rights" among citizens, by education, self-cognition and social practice, refers to the understanding, attitude and disposing capacity of the legal system, values and code of conduct of "mutual respect for rights". This also contains at a "dimension of mentality" and a "dimension of context". The system model is as follows:Citizens' quality of "mutual respect for rights" is a concept of ethical "respect", "mutual respect" that extends to the field of law, combined with the legal concept of "rights and interests". In the age of "rule of law in all-round way", it is a legal quality which is national mandatory and based on the legitimate morality; and it gives expression to the relation between rights and inter-subjectivity of rights; besides, it also embodies the independency and equality of universalism which is an integral part of people's awareness of rights and plays an important role in "human's modern quality". In this way, citizens' quality of "mutual respect for rights" has the fundamental function of "incentive", the core function of "social cohesiveness" and the ultimate function of "harmonious development of society". These qualities and functions make the "legal quality of mutual respect for rights" of importance in the prevention and address of the social conflicts and problems in our country as well as the promotion of harmoniously social development.However, "the view of citizens' mutual respect for rights" has various landscapes in different countries. The "view of mutual respect for rights among citizens" in our country has undergone the stages of rudiment, establishment and development. Stage One:The Chinese traditional core value of "giving priority to the mass" (see chapter 3), integrated with the modern concept of "rights" from the west, becomes the view of "citizens'mutual respect for rights". Furthermore, the Communist Party of China developed this value into the idea of "mutual respect for rights among people" (see chapter 3). Finally the 3rd Plenary Session of the 11th Central Committee of the Communist Party of China saw the social view of "power respecting citizens'rights" after establishing the method of governing the country with democracy and legal system. This transformation represented the beginning of the view of "mutual respect for rights among citizens". Stage Two:With the building of socialist market economy in 1992, the method of "governing the country within accordance with law" was replaced by "rule of virtue and rule by law". The CPC perfected citizens' rights in the meaning of "giving priority to the mass", constructed "the dialectical unification between mutual responsibility of individuals and individuals'obligations for the community" and dialectical unification relationship between "civil rights" and "people's rights" Furthermore, under the guidance of the important thought of "Three Represents", Ideas on Harmonious Society, Scientific Outlook on Development, etc., the CPC further drove mutual respect for rights among all communities to enhance "law-based" and orderly public participation and encourage people to speak for themselves "by law". Meanwhile, social attitudes turned from "powers respecting rights (of citizens)" to "(civil) rights respecting (civil) rights", developing an idea of pushing "mutual respect for rights" forward among citizens, which symbolized the formation of "the thought of mutual respect for rights among citizens". Stage Three:From 2012 when "China on the way to building a moderately prosperous society" was announced by the 18th CPC National Congress, "the idea of mutual respect for rights among citizens" has been gathering momentum. In the contemporary time when China is on the road to building a well-off society in an all-round way, the "rule of law" strategy has developed into the growing "rule of law in China". The CPC has been advancing theories and practice of mutual respect for rights at all levels, including equal distribution of rights, encouragement of participation and expression. This required citizens "respect each other's rights" consciously,And it forms a theory of constructing harmonious socialist society that develops citizens'legal quality of mutual respect.So far, it has become historically inevitable to cultivate citizens' modern quality featuring a "mutual respect for rights".However, the status quo of such legal qualities is as follows:some right-sensitive citizens, regardless of others'interests, excessively hold dear their own, thus leading to a deficiency for the above-mentioned legal qualities. Among such absences there mainly exist not only the harm to mutual rights in social governance but also behaviors of right conflicts in social imbalances and such problems as alternative injuries to mutual rights in social life. All these factors result in the split of social integrity, causing people to live in the world full of conflicts and hurts. Therefore, that is how we can strengthen our social integrity and harmony to create happy life for people.In order to meet the urgent need of times as a response to the historical inevitability, we should have a guidance bases on theory of constructing harmonious society and educate our citizens as individuals equipped with the modern legal quality of "mutual respect for rights". But what kind of education should be conducted?China's practice on "law-related education" and the CPC's theory on law-related education provide practical and theoretical approaches to cultivate citizens'basis of legal quality. Therefore, China's law-related education should become the basic approach to cultivate citizens'quality featuring a "mutual respect for rights" in contemporary time and provide the concrete practical and theoretical approaches. But the present law-related education need to be improved and perfected. First of all, the measure to establish "responsible citizenship" equipped with the legal quality of "mutual respect for rights" should be set as the main goal of law education. The purpose to build the values, systems and behaviors on the basis of mutual recognition and promotion of respective rights should also be clarified. We should go much deeper to grasp the legal principle—"the view of civil rights" with Chinese characteristics of "group priority". In addition, we should consider the legal values, regulations and codes of conducts on the premise of mutual respect for rights as indispensable contents. Secondly, in normally suitable principle, we remain committed to the principle of values combining the training on the legal quality of "mutual respect of rights" and combined the socialist core values, combined with moral education on the basis of "mutual respect", and the principle of method featuring the modern "audience theory" combined with materialization and specialization. We should take systematized methods to develop citizens' legal quality through courses, literature and art training, mass media and field training. Thirdly, we should establish and improve the momentum mechanism combined by the country, society and individual momentum; implementation mechanism integrated social education with family education, theoretical education with field training, universal education with specialized education; and guarantee mechanism consisted of value system respecting rights mutually and technological system including professional faculty and appropriate infrastructure. By doing so, it is in prospect to reach the goal of internalizing "mutual respect for rights" as civilians' law qualities and promoting the modernization of contemporary people. Thus, the law quality of "mutual respect for rights" can be unstrained, social harmonious can be boosted, and people's well-being can be improved.The thought of "mutual respect for rights" is formed and cultivated with distinct Chinese characteristics, differentiating a lot from that of western countries'. First, the thought of respecting mutual rights generated and developed with Chinese characteristics; Second, the cultivation of the thought is with Chinese characteristics; Third, Chinese governing party takes an active role in promoting this thought.
Keywords/Search Tags:citizenship, consciousness of mutual respect for rights, law-related education, mode to improve political party, Chinese characteristics
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