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Explore The Particularity Of Social Construction Of The Rule Of Law In Minority Regions

Posted on:2017-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LvFull Text:PDF
GTID:2346330542983590Subject:Law
Abstract/Summary:PDF Full Text Request
Comprehensively promote the construction of the rule of law in China,requires the rule of law and the government by law and promote the development of the society ruled by law construction,and society ruled by law construction is the basic work and geared to the needs of the whole process of building the rule of law.Minority region which based on the relatively backward economic development level and the more complex national social characteristics and the influence of traditional ethnic culture management characteristics and other factors,needs to focus on solving the problems,difficulties and the focus of the construction and so on compared with the special characteristics of the developed regions in the process of building the rule of law,so we need to explore the rule of road construction according to the particularity of the national political in the minority regions,seek solutions to the construction of the law society in minority areas.Problems faced by the construction of the legal society in minority areas compared with developed area,have the common aspect,also have the individuality aspect,so in the process of social construction of the rule of law in the minority region,we need according to the actual situation,determining the focal point of the construction of the rule of law and the key points and difficulties,establishing the construction strategy and effective construction path,constructing the road of the rule of law in accordance with the characteristics of ethnic minority areas.At present,on the basic problems of the legal society construction in China and the problems faced by the social construction of the rule of law,research on governance mechanism innovation and promotion strategy,the Chinese law circle has formed a number of representative research results and enlightening arguments,and formed a lot of consensus on the fundamental problem of the social construction of the rule of law,also put forward a number of constructive comments on how to promote the construction of the rule of law society,but the special research on the construction of the legal society in the minority regions is not enough,the development and utilization of the traditional ethnic culture resources in the construction of the legal society in minority regions is not deep enough,the exploration and transformation of the outstanding legal and cultural heritage of ethnic minorities has not formed a relatively influential research results.Therefore,the study of the legal culture of ethnic minorities in the rule of law and social construction of useful social governance historical resources and legal cultural resources and how to use it for the construction of the rule of law,becomes a research subject with theoretical value and practical significance,also becomes the focus of this paper.Research on the particularity of legal society construction in minority regions,must be carried out from the special legal construction environment and construction conditions in minority areas,must be gradually advancing from the special rule of law in the national society also.Because of the impossibility of large-scale social survey methods(Restrictions on the conditions of human,material and financial resources),in this paper,we research on the way of combination of theoretical explanation and description of facts,and through case analysis to make up for the deficiency of empirical analysis.Through this feasible research method,trying to get a little innovative research conclusion,and put forward a point of view and suggestion for the construction of the rule of law in minority regions.The party's the fourth Plenary Session of the 18th CPC Central Committee on has carried out strategic deployment for how to comprehensively promote the rule of law,on how to promote the construction of the rule of law society also pointed out the direction of the efforts from five aspects.That is,Rule of law culture construction,civic moral education,multi-level and multi field to improve the level of social governance,improve the legal service system and improve the legal rights and resolve disputes,these five aspects are the focus of the construction of the rule of law society are also the focus and direction of the rule of law in ethnic minority areas.To study the particularity of the construction of the law society in the minority regions should be carried out from these aspects,and put forward constructive suggestions.The construction of legal government and the construction of rule of law society are two sides of the building of a law-governing country,however,the direction of the construction of rule of law society should be different from the construction of legal government,the focus is on the construction of social rule of law,not the government's rule of law construction,although there is a close relationship between the two,but in the theoretical analysis,the two should not be fuzzy,otherwise,it is difficult to highlight the study of the construction of rule of law society,or grasp the key points and difficulties of the social construction of the rule of law,More unable to grasp the special nature of the construction of the rule of law in minority regions.This is the theoretical premise of this study and the default conditions.In addition,due to the definition of the rule of law society,Academic views differ greatly,in order to facilitate the study,In this paper,the concept of the rule of law is relatively simple to define,According to the narrow sense of the rule of Law Society,to do such a definition of the rule of law is not entirely in order to study the convenience,because the Law circle is too broad understanding of the rule of law will obscure the clarity of research objects which makes a lot of arguments have no meaning.Judgment criteria of the rule of law society must be clear,its basic principles must be rigid,that is,Rule of law of social governance,The institutionalization of State and society governance,The normalization of public trust of law.Minority region is the presupposition of space and geography in this paper,it is characterized and normative by two aspects of nationality and regionality.Nationality highlights the ethnic elements in the construction of legal society in Minority regions and the restriction relation of the ethnic society to the construction of the legal society,Regionality is trying to analyze the influence of geographical factors on the construction of the rule of law by analyzing the characteristics of the geographical space.The significance of the distinction between minority areas and non-ethnic regions in the study of law is providing operational construction scheme for the construction of legal society in minority regions by observing the favorable conditions and unfavorable factors in the construction of the rule of law from the particularity of ethnic regions,special elements,China is a developing country with unbalanced development in the political,economic and cultural development level and the rule of law etc.It needs to maintain the unity and universality of the rule of law in the country for Generality of the rule of law,but the particularity of the minority region must be considered,this needs to deal with the relationship between the general and the special,to solve the special problems of the construction of the rule of law in Minority-Areas.Under the premise of maintaining the unity of the rule of law in the country,exploring the national resources and traditional legal culture resources of the rule of law,and finding the practical Chinese way of rule of law.The basic structure of this paper consists of three parts:the first part explains the definition and constitutive Elements of Rule of law society,and analyses the significance and the special significance of the construction of the rule of law in minority regions;the second part analyzes the special difficulties and favorable conditions for the construction of the legal society in minority-regions;the third part put forward the author's own view on how to promote the key points and focal point and policy suggestions of building the rule of law society in minority regions...
Keywords/Search Tags:Minority region, Rule of law society, Construction, Particularity
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