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On The Innovation Of Public Legal Education In The Construction Of Our Country's Legal Society

Posted on:2022-03-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q JingFull Text:PDF
GTID:1486306506982579Subject:Constitution and Administrative Law
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The Public Legal Education in China started in 1985,which originated from the improvement of the reality of general noncompliance with the law,The people are the ones who enforce the law and the implementation of the requirement of the 1982 Constitution.Public Legal Education has always been around the central work of the party and the country and focus on the completion of the mission of development of The Times.After more than 30 years of construction,a multi-form pattern of Public Legal Education has been formed,with the main goal of educating citizens to obey the law,with the government as the main body of responsibility,and for all citizens,multiple forms of propulsion.The Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening Reform adopted at the Third Plenary Session of the 18 th CPC Central Committee lays out the overall plan for comprehensively advancing the rule of law in the building of a law-based country,government and society.Subsequently,the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China adopted the "Central Committee of the Communist Party of China on the comprehensive promotion of a number of major issues concerning the rule of law",the construction of Legal Society made a preliminary deployment,special emphasis is placed on the work of "Public Legal Education".It can be said that in the trinity construction,the work of Public Legal Education is concentrated in the construction of Legal Society.Recently,the central committee of the communist party of China issued by the construction of Legal Society(2020-2025)"to the implementation of the program and construction of Legal Society has carried on the comprehensive and systematic deployment,established in 2025,the" five-year "planning of Public Legal Education is complete,the rule of law concept is deeply rooted in the hearts of the people,social regulation system in more robust,earnestly safeguard of the rights and interests of citizens,the overall objective of people's satisfaction,the Public Legal Education ushered in the era mission of building the Legal Society.The construction of Legal Society puts forward a series of new development requirements for the work of Public Legal Education:the goal of Public Legal Education should be changed from observing the law to believing in the rule of law;The function of Public Legal Education should be expanded to the protection of rights and the promotion of population quality.Extensive participation of multiple subjects in the Public Legal Education to stimulate social vitality;We should enrich the contents of Public Legal Education with sound institutional norms in the social field and maintain a harmonious and orderly social life relationship.In order to carry out the requirements of the Implementation Outline of the Construction of Legal Society(2020-2025),it is necessary to make an in-depth study on the systematic development of Public Legal Education in the construction of Legal Society,which is an important topic of The Times.However,there is still a lack of special research in the academic circle at present.It is necessary to study the new mission of Public Legal Education,the theoretical support of the development of Public Legal Education,the repositioning of the goal of Public Legal Education,the transformation of the system of Public Legal Education,the expansion of the content of Public Legal Education and the improvement of the method of Public Legal Education under the new background of the construction of Legal Society.The new mission of Public Legal Education in China is the construction of Legal Society.Through systematically combing the development process of Public Legal Education in China,it is found that Public Legal Education has undertaken the mission of responding to the realistic needs since its birth.It is the mission of the new era of Public Legal Education to serve the construction of Legal Society.Through the relevant design and practical observation of a series of policy documents,the current Public Legal Education has basically formed its own institutional pattern.The work of Public Legal Education in the future lies in serving the construction of Legal Society,the new requirements that the Public Legal Education should respond to the construction of Legal Society.There is a gap between the current Public Legal Education and the construction of Legal Society,which needs to be made up systematically,that is,the goal of Public Legal Education needs to be extended from focusing on law-abiding to multi-dimensional pursuit;The system of Public Legal Education needs to expand from the government to the whole society.The content of Public Legal Education should be broadened from legal norm to social norm;The way of Public Legal Education needs to be improved from one-way Public Legal Education to interactive Public Legal Education;The benefit of Public Legal Education needs to be planned from the pursuit of short-term effect to long-term benefit.The development of Public Legal Education in the construction of Legal Society can get enlightenment from the social system theory.In Luhmann's social system theory,the social system is composed of functional system and the system has its own creative nature.These two basic principles can guide Public Legal Education to reflect on his social system positioning and analyze the development path.Based on the continuous differentiation of systems in Luhmann's social system theory,Public Legal Education can be regarded as a subsystem of the legal system,and other subsystems of the legal system--legislative subsystem,law enforcement subsystem and judicial subsystem are their environments.Public Legal Education can communicate with the environment: the legislative system can communicate with the content,responsibility and way of Public Legal Education;Both the law enforcement system and the judicial system can communicate with the responsibility and method of Public Legal Education.In order to achieve the ideal form of Public Legal Education from the perspective of social system theory,it is necessary to create a Public Legal Education system with clear target guidance,clear distribution of power and responsibility,perfect content selection and rich method adjustment,so as to adapt to the construction of Legal Society.Public Legal Education in the construction of Legal Society should has multi-level objectives: First,on the individual level,Public Legal Education should be based on improving the legal quality of citizens and promoting the high-quality enjoyment of rights.Among them,the improvement of citizens' legal quality needs to transform the cultivation of law-abiding citizens into the shaping of law-abiding citizens,which should be carried out from three aspects: the formation of the consciousness of the rule of law,the cultivation of the ability of the rule of law,and the formation of the habit of spreading the rule of law.Public Legal Education is a lifelong education project,which should be built by elevating Public Legal Education to the realization of the right of the whole people to receive education.In a society ruled by law,rules affect all aspects of life and work.Without knowledge of rules,it is easy to disadvantage in daily behavior and communication,and survival and development will also be affected.Therefore,Public Legal Education should be regarded as the guarantee of individuals' right to subsistence and development.Secondly,on the social level,in order to make the citizens as social cells become the stable elements of the Legal Society,it is necessary to focus on the cultivation of communicative rationality,the control of social costs,the formation of the cultural atmosphere under the rule of law and other aspects to understand the role of law popularization.Finally,rising to the national level,the Public Legal Education should cultivate human resources for the great rejuvenation of the nation.The goal of the Public Legal Education needs to be based on the promotion of the awareness of rules to the international direction,and help the construction of a powerful country under the rule of law.Public Legal Education system should develop to "cooperation and co-construction".Because social governance has the characteristics of the participation of the whole people,The pattern that mainly relies on administrative organs to popularize the law need to be broken.We will further improve the leadership of Party committees in the work of Public Legal Education,give full play to the responsibility and supervisory role of the National People's Congress in Public Legal Education,promote the diversified development of the government in Public Legal Education,and implement the extensive participation of social subjects.The establishment of a common and differentiated "third generation" responsibility system for Public Legal Education--"whoever jointly builds the law will popularize the law",including: "whoever implements the law will popularize the law"(the state assumes has the leading responsibility for Public Legal Education);"Who manages who popularizes the law"(social organizations bear the collaborative responsibility of Public Legal Education);"Who propagandizes who popularizes the law"(propaganda organizations and schools bear their own responsibility for Public Legal Education),"who guardians who popularizes the law"(families bear supplementary responsibility for Public Legal Education),"who knows the law who popularizes the law"(specific social individuals bear cooperative responsibility for Public Legal Education).Both national law norms and social rules belong to the content of Public Legal Education.The incorporation of the "socialist rule of law system with Chinese characteristics" into the Party's legal system breaks the inherent impression that the rule of law is governed according to the law.Adhering to the combination of rule of law,rule of virtue and autonomy is one of the main principles for building Legal Society established in the Implementation Program for the Construction of Legal Society(2020-2025).In the Seventh Five-Year Plan to popularize the law,it is also mentioned to give full play to the positive role of social norms in social governance,such as civic conventions,township rules and regulations,industry rules and associations' articles of association,and to study and publicize Party laws and regulations.The above initiatives have sent a clear signal that not only legal norms should play a normative role in the construction of Legal Society,but also other norms that are beneficial to social governance should be explored.The Legal Society construction pattern of "big the Public Legal Education" not only embodies in the expansion of the Public Legal Education subject,but should also reflect on the expansion of the content,the method of national standard is optimized on the basis of the content of the folk habits,good morals ethics,religious regulations,autonomous regulations such as social norms and the party governance rules and regulations as the rule of law society,into the "big the Public Legal Education" pattern.Public Legal Education can carry on the multi-level and multi-form way innovation.There are three mechanisms of cooperative law popularization: the internal cooperation mechanism of Public Legal Education organs,the integration and utilization mechanism of social resources of Public Legal Education,and the mechanism of providing Public Legal Education service through government purchase.The situational method of Public Legal Education is used to enhance the acceptance of the public,and the situation of Public Legal Education is excavated in the major modules of legislation,law enforcement,justice and society.The objects of Public Legal Education should be classified and the key methods suitable for each type of objects should be found to improve the efficiency of Public Legal Education and ensure the fairness of Public Legal Education.In addition,with the new adjustment of the pattern of Public Legal Education in the construction of Legal Society,the evaluation standard of Public Legal Education should be updated,and the improvement of Public Legal Education should be promoted through evaluation,so as to promote the construction by evaluation.The full paper reveals the difference between the Legal Society's Public Legal Education and the traditional Public Legal Education or the gap between the traditional Public Legal Education and the requirements of Legal Society,according to the construction of Legal Society as an opportunity,inspired by the social system theory,the education system of the rule of the new exploration,make it become important for national quality cultivation and promotion of field,make the Public Legal Education really committed to promoting our belief in the rule of law.It is also expected to provide a new perspective for the next step of Public Legal Education planning,contribute ideas to the formulation of Public Legal Education law,and provide path guidance for the basic construction of Legal Society in 2035.
Keywords/Search Tags:Legal Society, Public Legal Education, social system theory, citizens under the rule of law, "Co-construction", Social rules, situational Public Legal Education
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