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Research About Rule Of Law Thought And Its Contemporary Value Of Shang Yang

Posted on:2014-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:S HeFull Text:PDF
GTID:2255330401473917Subject:Basic principles of Marxism
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Building the rule of law in China, which is building the rule of law in China, and tap the essence of history, inherited the fine tradition of Chinese civilization endless, endless, the ancient Chinese how to carry out the construction of the rule of law is worth exploring local resources, the rule of law ideas of Shang Yang its successful practice of the rule of law that we keep in mind that he had to create a well-designed and hands-on all aspects of the rule of law go down in history "rule of law". From the beginning of the rule of law to every step of the implementation of Shang Yang personal experience and feeling, theory and practice constantly running, constantly improving methods, deepen understanding, and strive to build a system of rule of law at the national level, all national activities and national affairs are under the governance of law, efforts at the government level framework of a rule of law and the authority of the exercise mechanism, all acts of government and government operations are issued under the authority of atmosphere environment to build a rule of law; efforts at the community level, some social change and social development in the protection of the law. The strength of the rule of law propped up the history of yesterday will also hold up the future of a nation.This study is to make an analysis of Shang Yang legal thought and contemporary reference value can be divided into a total of seven parts:The article Introduction section describes the background of the topic as well as topics on the purpose and significance of research based on the literature review, research methods of the Shang Yang rule of law Thought, as well as research innovation.The second part of the first made the relevant definition of the concept, the definition of the rule of law, the rule of law and the rule of law, the rule of law and the rule of man made a difference, and the rule of law in the thought and practice of the rule of law elaborated.The third section describes the ideological formation of Shang Yang and the rule of law, mainly related to the five major aspects:The first is its background, its historical roots and reality of social conditions; the second thought ideological foundation of the rule of law, including the root causes of their humanity and academic origin; is the thought formation process of the ruie of law. The fourth part of the focus on the main content of the rule of law in Shang Yang thought, mainly related to the contents:the first is the thought of Shang Yang and the rule of law breaking the law, equal idea, the second is a fair idea of any law to private, third people do not autonomous from the official ideology; fourth Shang Yang’s the official main content of the rule of law, discusses the major reform and design of Shang Yang system officials, including officials of the selection, assessment, constraints; rule of law behind inherent justice, is the earliest judicial independence for law officers is set to sprout.The fifth part of the first comb Chronicles evaluation and on the rule of law ideas of Shang Yang Shang Yang Historical Evolution of the rule of law thinking, then gave a detailed analysis and evaluation of the Marxist point of view and the rule of law in Marxist theory on the Shang Yang Historical Significance of the rule of law and the historical limitation.Part VI focus first described Marxist party leaders continue to inherit and develop the thinking of the rule of law, made a certain abstraction and the overall evaluation of their core theory of the rule of law, the rule of law theory and practice of the rule of law contribution made full affirmed. Followed by a list of the important achievements of the contemporary rule of law and the rule of law in the process of deep-seated problems remain.Then reveals the rule of law in Shang Yang thought of reference and inspiration for contemporary construction of the rule of law,First, on the level of law enforcement is not strict and not in place, the following guiding principles of the rule of law in the Marxist theory of the rule of law in China and Shang Yang was facing the same problem of attitude and the approach taken is very consistent.For the current power supervision weak, the latest high-level power caging theory, the Shang Yang not only profoundly expounded the drawbacks of commonly used monitoring system, he was the joint responsibility system still can play a huge effect;Third, for the rule of law can not be understood by the public, senior constitutional law beliefs, Shang Yang not only discusses in detail the high degree of autonomy of the ideal state of the rule of law society, he also used his own actions to defend the faith of the law.Article Conclusion part of the rule of law in Shang Yang thought to give a broad evaluation of the overall pointed out that the correctness of the road of the rule of law, and the Shang Yang Thought of the rule of law in misunderstanding analyzed, the Western metaphysical understanding of the prevailing academic idealism of the rule of law thinking irrational tendency was reviewed fully hope that the future value of the rule of law in Shang Yang thought.
Keywords/Search Tags:Shangyang, rule of law, contemporary, value
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