| The legal spirit is the thought and culture behind the legal rules,the most essential concept of law contained in the legal system,the most essential concept of stability and inheritance,deeply rooted in the national character after the historical precipitation,and an external expression of legal culture.The popularization of legal spirit is based on legal rules to realize the popularization,life and internalization of legal spirit.The popularization of legal spirit in contemporary China is a process in which the party leads the legal professional community and the masses of the people to refine and condense the wisdom,thought,value pursuit and significance of existence of the people,and it is a process in which the legal spirit evolves from the elite to the popularization,and it is also the process and state for the masses to understand,believe,accept and guide their daily behaviors in the spirit of law.The life of law lies in the implementation,and the implementation of law is not only to abide by the legal norms,but also to recognize and yearn for the value concept of law.Only when we believe in the law and feel a heartfelt admiration,can we truly fear and respect the law,and guide our actions with the law.Because of the technicality of law,it should be legislated and judicialized by “legal persons” who have received professional legal education and training,which leads to the obvious trend of law elitism.A small number of legal elites have become the interpreters of legal policies,while the legal elites are accustomed to using the law as a tool to mechanically solve problems within the framework of the current law,and rarely think about the significance behind the case and the law itself,which will form the state that the majority of the general public become the group lacking the legal spirit,thus leading to the fact that the will of the party and the state cannot to be fully implemented,the will and interests of the people cannot be guaranteed.How can we make the majority of the public believe in the law,make the legal spirit rooted in the general public heart,and make the legal spirit popular? We know that people can propagate the law,but the law can't propagate people.It's easy to restrict people's external behavior with force,and it's hard to root the legal spirit in the heart and form self-discipline,but this is the fundamental way to solve social problems.Xi Jinping pointed out: “people's rights and interests must be protected by law,and the authority of law depends on the people.We should fully mobilize the enthusiasm and initiative of the people to participate in the practice of governing the country in accordance with the law,so that all the people will become faithful advocates,conscientious adherents and firm defenders of the socialist rule of law,and make respecting,trusting,abiding by,using and protecting the law the common pursuit of all the people.” When the spirit of law becomes the consensus of the whole society,when every citizen has the spirit of law and can use the weapons of law to defend their rights and fulfill their obligations,then China will surely enjoy long-term peace and stability.Since the reform and opening up,the party and the state have taken the development of socialist democracy as the basic principle and task in the new era,and established “rule of law” as the basic strategy of the state.A socialist legal system with the constitution as the core has been established,and remarkable progress has been made in the construction of a country,a government and a society under the rule of law.But in reality,there are also some problems that need to be solved.The performance of the problems is also multifaceted.The dilemma is the result of the interaction of many factors,such as history and reality,the internal and legal environment of the law,the lack of institutional construction and ideological innovation.To solve the problem,we need to realize the organic combination of institutional improvement and spiritual shaping,only in this way can we provide a strong impetus for national development and social progress.Guided by the socialist core values,it is inevitable to carry forward the legal spirit and promote the popularization of the legal spirit.To explore the essence of the spirit of law in contemporary China and how to promote the popularization of the spirit of law in contemporary China become the requirements of the era.How to distinguish it from the popularization of western legal spirit,how to follow the road of the popularization of socialist legal spirit with Chinese characteristics,how to adhere to the leadership of the party,and how to realize the popularization of legal spirit under the guidance of socialist core values have become the main issues to be studied in this paper.The main points of this paper are as follows:First,the connotation of legal spirit and its popularization is defined and the basic category of legal spirit to be studied in this paper is clarified.The spirit of law described in this paper does not refer to the concept of jurisprudence in a general sense,but mainly refers to the material life of our country as the basis and the source of morality,customs and ethics in our traditional culture.It is an attempt to put forward a solution to the practical problems encountered under the strategy of ruling the country according to law.The popularization of legal spirit is to realize the popularization,life and internalization of legal spirit with legal rules as the carrier,including the state that legal spirit is internalized in the mind and externalized in the action of all people,as well as the process and mechanism of realizing this state.Second,the practical significance of promoting the popularization of legal spirit in contemporary China.To promote the popularization of legal spirit in contemporary China is not only the requirement of adhering to and developing socialism with Chinese characteristics,but also the necessity of historical development.To realize the popularization of legal spirit is not only the internal requirement of the construction of socialist rule of law,but also the premise of the construction of socialist advanced culture,and also the inevitable requirement of the development of socialist market economy.In the great historical journey of the construction of socialism with Chinese characteristics,promoting the popularization of the legal spirit is not only conducive to the establishment of the authority of the law and the formation of legal thinking for the masses,but also conducive to the maintenance of the vital interests of the masses,the maintenance of fair and just market order,and further to the orderly development of the socialist market economy.These factors determine that it is inevitable to promote the popularization of legal spirit in contemporary China.Third,the theoretical basis of promoting the popularization of legal spirit in contemporary China.Legal spirit is the soul of legal system and practice.In a certain stage of social development and a certain historical period,the legal spirit itself is also a part of the mainstream ideology of the country.Marxist Thought on law reveals the origin,essence and purpose of law,which is the basic principle for us to promote the popularization of legal spirit.In contemporary China,the popularization of legal spirit should always be based on Marxism.To promote the popularization of legal spirit,we should always adhere to Marxism,the leadership of the party and the dominant position of the people.Fourth,to promote the popularization of legal spirit in contemporary China,we need to constantly improve the social practice based on system construction.The realization of the goal of the popularization of legal spirit is inseparable from the system standard and system innovation at the level of social governance.To continuously strengthen the construction of the party and the rule of law is an important part of improving the social governance system.In the construction of the party,we should adhere to the principle of overall strict governance of the party,strengthen the key role of the leading cadres of the party members,improve the legislative system and mechanism,strictly enforce the law procedures,and establish a fair judicial system to provide the institutional basis for promoting the legal spirit of the public.Fifth,education is an important social practice way to realize the popularization of legal spirit.Among them,the continuous improvement of the systematic legal education system from primary school to middle school to university and the normalization and institutionalization of legal education are the important ways to popularize the legal spirit;give full play to the role of new media and new technology in the process of legal spirit popularization,improve the practical effect of integrated media in legal publicity and legal spirit cultivation,and create a positive network environment;The popularization of legal spirit also needs to let the legal spirit enter daily life,and establish a self-education channel of legal spirit guided by government,based on society and carried by daily life. |
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