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Practice Thinking Horizon Of Rule Of Law Of China’s Improve

Posted on:2013-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:W Z LiFull Text:PDF
GTID:2246330395462966Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Content:Practice is the unique human existence and survival of the state, with practical way of thinking to think of current legal issues, is to us in a rational way and action toward legal survival condition and the existence way. Chinese construction of rule of law from the slogan to the specific implementation has already gone some distance, and the existing legal way of thinking is really suitable for us, whether it can achieve our anticipated law also is worth deliberate. With the development of social practice, the practice is the core proposition has fully developed, this course also includes the construction of rule of law, rule of law is inseparable from the men of perfect practice, cannot leave the action of the legislative, judicial, legal only in practice can be applied only to realize the legislation purpose, can be realized legal value. In view of practical thinking on thinking about the rule of law is perfect, we need to develop a practical wisdom, this practical wisdom is not a short duration of time that can be built, it needs a kind of cultivation of the humanistic spirit, as well as will as a purposeful pursuit, to care for the people, so as to achieve a true good.Practice thinking as a disintermediation of the thinking mode, its characteristic is devoid of the polar way of thinking, to a middle path to balance the attitude of subject and object, active and passive, the relationship between the spirit and material, and then the thinking with intermediary auxiliary and rule of law practice, avoid in the construction of the rule of pure spatial and pure objective, form a fusion of subject and object, so as to realize the value of the pursuit of rule by law. Practice thinking horizon rule of China, we first need to practice as the legal construction of dialectic philosophy foundation, at the same time requirements of the rule of law with equal emphasis on the premise, people pay equal attention to the thought idea method is to ask us the rule of law in every link to really will be as objective to treat, establish a kind to make people happy, let the social stability and order of the society ruled by law is the final purpose. Based on the practice of construction of the rule of thinking horizon, following the principle of our legal system construction in improving should educate citizens of rule of law consciousness, let citizens in respect the law under the premise of the formation of consciously rules consciousness; Grasp the relationship between the general and specific, on the basis of the universal justice to a specific justice; At the same time, the subject and object interaction is in constant negative development rules to realize the rule of law; The improvement of the system in legislation, enforcement and to judicial and law-abiding four aspects of organic combination, and promote the process of rule by law.Practice thinking as a disintermediation of the thinking mode, its characteristic is devoid of the polar way of thinking, to a middle path to balance the attitude of subject and object, active and passive, the relationship between the spirit and material, and then the thinking with intermediary auxiliary and rule of law practice, avoid in the construction of the rule of pure spatial and pure objective, form a fusion of subject and object, so as to realize the value of the pursuit of rule by law. Practice thinking horizon rule of China, are required to have people pay equal attention to law, people pay equal attention to the thought idea method is to ask us the rule of law in every link to really will be as objective to treat, establish a kind to make people happy, let the social stability and order of the society ruled by law is the final purpose; And in the course of the construction of the rule by law we have to grasp a kind of freedom and the balance of the order, freedom and order seemingly opposition, but both there is unified, how to grasp the degree is we should think about the problems in the construction of the rule of law, we should respect the individual’s freedom, and to realize the social order, this needs practice thinking to guide, practice thinking is one kind has regularity and close of unity of purpose, and the way of thinking, with practical thinking can hold the balance between freedom and order. Based on the practice of construction of the rule of thinking horizon, following the principle of our legal system construction in perfect should pay attention to care for others, pay attention to hold a degree balance. China’s law construction not only need a system of the construction, also need to rule the construction of citizen consciousness, this needs citizens set up a kind of respect for the law, the legal respect cannot come from the public power required to citizens of respect, but to based on citizens to voluntarily, the heart to respect the law, that they need to be citizens to recognize the rule of the convenience, the rule of law will bring people fair justice, the rule of law will respect achieve justice; Respect for the law will allow citizens to conscious to obey the law, which will greatly reduce the cost of the realization of the rule by law. In the construction of the rule of judicature pattern, we not only need a single statute law, still need to pay for its case law, statutes and case law is not opposite, but rather to supplement each other, be in our country has its traditional, statutory deterministic and the flexibility of case law combination even faster pace of perfect law. The judge is the legal world inside true king, the judge of the wisdom of the training is very important, we not only asked a judge to familiar with knowledge and logic, also asked a judge to have practical wisdom, in practice do judicial people present, and not spectators, with its on judicial experience to achieve fair and justice.Practice and thinking of rule of law is a kind of action, only action, in order to realize the target of rule by law. Practice and thinking of rule of law will eventually through action, and not just a slogan to finish, action is the basic spirit of law practice. We can’t deny the things to advance the twists, more is tortuous, more is to be in operation can be overcome, so that if there is no legal action is impossible to realize the ideal of rule of law.
Keywords/Search Tags:Practical Thinking, rule of law, medium thinking, Case law, Civil Society
PDF Full Text Request
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