Research On The Cultivation Of Civil Servants' Legal Thinking

The transition from rule of man to rule of law has been a major change in Chinese Society for thousands of years.The establishment of the rule of law needs to start with the transformation of politics and ideology,transforming the form of government and the mode of governance into a process,and completing the transformation of the way of thinking and behavior of social members.Starting from the historical logic and realistic mission of the construction of China under the rule of law,this paper points out that the research on the formation of civil servants' thinking under the rule of law is the basic problem and logical starting point of the research on the rule of law in China.Only when civil servants have the thinking under the rule of law,can the public power not deviate from its existing track.Only when civil servants develop the thinking under the rule of law,can the construction of a socialist country under the rule of law have a strong material.Therefore,the cultivation of civil servants' rule of law thinking has historical inevitability and realistic pertinence in China today.This paper systematically elaborates on the issue of "the cultivation of civil servants rule of law thinking " through six parts.This paper reviews the historical evolution,ideological transformation and thinking transformation from rule of man to rule of law in China.It reviews the fierce confrontation between rule of law and rule of man in the fields of road choice,system construction,ideological concept and mode of thinking.It points out that "China must take the road of rule of law" is the correct understanding after repeated tests of practice and theory,and the cultivation of civil servants' rule of law thinking is the call of the times and a realistic choice.Under the guidance of dialectical materialist epistemology,it clarifies the subject,application range and characteristics of the rule of law thinking,expounds the theoretical connotation of the thinking of rule of law.This paper analyses the elements of the thinking structure of rule of law through the perspective of functional analysis,and considers that the elements of the rule of law thinking can be generally classified into three levels: knowledge and information,motivation and emotion,comprehensive application,inspects the combination and interaction between the elements and levels.Then the important role of thinking structure in the cultivation of civil servants' rule of law thinking is explained.By using comparative analysis method,this chapter compared and analyzed the similarities and differences among the rule of law thinking,legal thinking,thinking of legal system and thinking of rule by virtue.It corrects the two erroneous research tendencies of "simply equating the rule of law thinking with legal thinking" and "completely divorcing the rule of law thinking from legal thinking",clarifies the unique research field of the rule of law thinking,and finds out the focus and breakthrough point for the further study.It makes a dynamic investigation of the diachronic development of civil servants' rule of law thinking by using process analysis,including its forming process,mechanism and regular pattern,reviews the previous researches about influencing factors of the formation of rule of law thinking from ancient Greek thinkers and the main schools of law such as natural law,analytical positivism law,utilitarian law,historical law,sociology of law,economic analysis law,etc.Based on that,this paper summarizes many factors that affect the dynamic change of thinking structure,and then puts forward three feasible ways to cultivate thinking,namely,nurturing the environment of rule of law,educating and training,and internalizing the practice of rule of law.This paper elaborates the important role of the rule of law environment and the specific measures to improve it.It points out that the absence,conflict,vacancy of law and the problems exposed during the period of social transformation,the broken window effect and the crisis of trust constitute the realistic rule of law environment that restricts the development civil servants' rule of law thinking.The modern appearance of the rule of law cannot be separated from its historical development.This paper argues that the Confucianism,political and economic structure of society and the awareness of civil political rights are the historical reasons for the lack of rule of law in China.To optimize and improve the environment of rule of law,we must elevate the quality of legislation,make good use of incentives and compulsory systems,and form a consensus on the rule of law.It focuses on the catalytic role of education and training,analyses and discusses the reform focus and direction of legal education and training for civil servants.It holds that the civil servants' weak thinking ability of rule of law is attributed to such factors as the short history of public legal education,the insufficient coverage of professional legal education,the lack of cohesion between legal education and civil servants' profession,and the imbalance between supply and demand of legal training for civil servants.This paper brings forward that exploring the vocational education for civil service,drawing on international experience to strengthen the connection between civil service education and occupation,and optimizing the rule of law education and training for civil servants,it can promote the reform of civil service rule of law.It elaborates the dialectical relationship between thinking and practice of the rule of law.It holds that the rule of law behavior is the starting point and foothold of the cultivation of the rule of law thinking for civil servants.It also points out that improving the rule of law thinking and guaranteeing the execution of rule of law behavior requires civil servants to overcome their own dilemma.