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法學(xué)專業(yè)畢業(yè)論文

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1、 重 慶 三 峽 學(xué) 院 畢 業(yè) 論 文 報 告 書(初 稿) 論文題目: 公民法律意識研究(萬州區(qū)為例) 院 系: 政治與法律學(xué)院 專 業(yè): 法 學(xué) 年 級: 2 0 0 8級 學(xué)生學(xué)號: 200810014116 學(xué)生姓名: 何 秀 秀

2、 指導(dǎo)教師: 陳 怡 竹 Content abstract: Law is the basic state policy of our country, our country's at present were walking in the country under the rule of the road. Universal civic legal consciousness, improve the citizen in our country legal consciousness is an integral part o

3、f the country according to law. Our country to the citizens of the legal consciousness research from the new period since the restoration and reconstruction, made very gratifying achievements and progress. Mainly displays in: (1) since the reform and opening up, especially since the first five-year

4、since the franco-prussian), state legislation system cast a more comprehensive, more and more is also strengthen, the whole of the legal consciousness citizens have a large degree of improvement. (2) the legal consciousness of people have their own distinct characteristics, different social stages a

5、nd different regions of the citizens of law consciousness is the difference between the body and the individual. (3) China's massive and legal construction method with the great change, has won the praise of the universally acknowledged and attention. But, in progress at the same time, we should als

6、o see as the current situation look, whether legal knowledge theory of citizens' legal structure, the depth of the consciousness or citizens legal consciousness research methods, and to enhance citizens' legal consciousness to means, there still exist problem that nots allow to ignore. Mainly displa

7、ys in: one is the long-term by law mode and concept of dogmatism influence, a lot of research into still in the pure concept of the deduction of cannot combine reality; 2 it is long-term comments by the influence of the legal tradition, become accustomed to the general law of law notes, and the abse

8、nce of laws for practical operation, the actual condition and actual effect of the law sociology research; Three is long-term used to law subject of study closed itself, and the absence of complementary advantages and other course cross the openness of the comprehensive research: four is the general

9、 abstract qualitative research, and specific quantitative analysis in the less. Clear up the connotation of the legal consciousness structure, for our citizens to the present situation of the legal consciousness to analyze and find out the cause of the civil legal consciousness and improve citizen

10、s lack the way and the model law consciousness, will help from our country's civil law consciousness present situation, a needle to strengthen the legal system of legislation and casting efforts, do well the franco-prussian education activities. The citizens of the legal consciousness is main body a

11、s an independent members of society in the life, work in practice by the formation of the law and the legal phenomenon about the mentality, concept, knowledge and the floorboard of the thought system. How to strengthen the legal consciousness of citizens, cultivate and strengthen socialist legal con

12、sciousness of citizens? This paper will take the legal consciousness of citizens the connotation of the structure, legal consciousness current situation and cause for clues analysis, this paper discusses how to strengthen the legal consciousness to citizens, put forward his opinion. This paper mai

13、nly divided into four parts: the first is the civil legal awareness of connotation and structure, the second part of our citizens to write legal consciousness present situation and basic contradictions, and the third part of the formation of the legal consciousness write citizens causes, the fourth

14、part written enhance China's citizens legal consciousness the way and the mode. The first day the introduction A, the background The rule of law is a common human value pursuit, is a kind of ideal political legal system model. The rule of law is the political development of civilization to a c

15、ertain stage of the sign, the people's yearning for all countries and pursuit. Legal consciousness, is people about the phenomenon of law and law of the thoughts, ideas, knowledge and the floorboard of psychology, and is the social reality of laws of factors. Legal consciousness is realizing the soc

16、ial basis and the rule of law. WanZhouOu party central committee, the state council and the district party committee and the municipal party committee and the city government under the correct leadership of closely rely on the people, hold development priority, deepening the reform and opening-up,

17、 accelerate the development of democratic political construction and spiritual civilization construction progress. With the spiritual civilization and social civilization and social credit system as the core, constructing civilized city, civilized community, civilized villages, towns, civilization c

18、ivilization family, build solidarity, polite self-effacing, good faith honest and hardworking and enterprising social atmosphere. Advocates of social morality, professional morality and family virtue, chongqing municipal civilization city built, actively develop and the national civilized city activ

19、ities, basic realized the "tenth five-year plan" period of the goal, the "eleventh five-year plan" for lays a foundation. Displays in: (1) migration has made some progress. (2) take traffic for key infrastructure improved dramatically. (3) to speed up economic and social development. (4) the ecologi

20、cal improvement and environmental protection achievements. (5) the people's living standard has improved. (6) the various reform steadily. Second, the aim and meaning Chinese law solely rely on traditional is it won't work. We should first clear we need to kind of law consciousness, what kind of

21、 legal consciousness can promote the process of China's rule. At present our country is in the country under the rule of walking the way of. Universal civic legal consciousness, improve the citizen in our country legal consciousness is an integral part of the country according to law. Analysis of th

22、e present situation of our country's civil legal consciousness and causes, strengthen the construction of rule of law in our country, enhancing the citizens law consciousness can be: (1) to advance a socialist country under the rule of construction, make the citizen/according to law occurs. (2) for

23、the government legal system construction and "four or five" the franco-prussian work provide feasible and credible decision-making reference for; (3) legal consciousness for the citizens to further the study of the theory of the empirical research and provide reliable basic information and practice

24、of material. (4) to promote law spirit and legal culture construction do propaganda Citizens of the legal consciousness of study mainly in the following aspects: (1) from the meaning of "law" point of view, enhance the whole nation's legal consciousness is the law of important links: "law, build a

25、 socialist country under the rule of", by our party has 15 and constitutional amendment officially confirmed the governing basic strategy and long-term development goals, it is not only of all Chinese people, the ideal and will, but is already into the profound changes in the social practice. (2) fr

26、om the "four or five" the franco-prussian planning's point of view, touch people legal consciousness is the base number of method to more targeted and the actual effect of the important premise: since 1985 the National People's Congress standing committee made in all citizens, the popularization of

27、legal knowledge since the resolution, and this year is the fourth five-year legal plan important years. China's massive method and legal construction with the great change, has won the praise of the universally acknowledged and attention. But in the new round of the start of the five-year legal, we

28、have to be fully aware of the franco-prussian existing questions. (3) from the legal perspective, this topic to give our perfect legal research ability and method. The study of the law of our country from the new period since the restoration and reconstruction has made very gratifying achievements a

29、nd progress. But as to the present situation, whether theory structure, research depth or research methods and means, there still exist problem that nots allow to ignore. Three, research procedures and methods (WanZhouOu, for example) To WanZhouOu citizens legal consciousness research because a

30、wide range and added to their time and space limitations, so if the main with questionnaires and interview record way. Sum up the main divided into the following several steps: (1) the data collection and document research, clear up citizens legal awareness of connotation and structure (2) points to

31、 citizens groups and place the sampling questionnaire survey and timing interview, writing of the dissertation proposal; (3) on the dissertation defense; (4) further collect data and the surveys and studies; Finish writing outline, the drafting of the draft; (5) modify a rough draft, finalized. The

32、citizens legal consciousness research by steps at the same time, must according to the natural and social factors wanzhou to take suitable for WanZhouOu geography and humanistic features of methods, in order to make the results of the survey will have citizens of the legal consciousness and general

33、representative of sex. In research and literature and questionnaire survey and the interviewing process I mainly adopted (1), law and relevant disciplines, and the combination of as far as possible from the concept of law and the influence of model dogmatism. And other course cross the openness of t

34、he complementary advantages comprehensive research: make survey research to the more thorough combining with actual reality. (2), abstract in theory and empirical research combined. This is the law and the legal knowledge of reality with citizens of the combination of the legal recognition and attit

35、ude platform, so as to express the legal consciousness of citizens, the paper analyses the present situation and characteristics. (3), universality and particularity combined. Mainly embodies in the questionnaire survey of hanging different social groups and interview record targeted, try to choose

36、to have a representative of the citizens interview. (4), questionnaire and interview record combined. The second quarter the connotation of the legal consciousness structure A, legal consciousness connotation Legal consciousness is the legal standard, legal relations, law and legislation, enfo

37、rcement, behavior judicial activities such as the people of the reflection in the mind. Legal consciousness is a special kind of social consciousness, is the social main body to the law phenomenon the subjective grasp the way, is about people method for the knowledge, emotional, evaluation and behav

38、ioral orientation of organic complex. Emotion is the social main body of laws for the stability of the method of the emotional experience, such as for the respect of the law, to be close to, concerns or contempt, disgust, cold, etc. Legal assessment is to point to the social main body based on their

39、 knowledge of the law, legal emotional, to whether the law can realize social justice to make judgment. In the knowledge, emotional, based on the assessment of law or is illegal, choose the legal behavior of the social main body tendency. Legal consciousness has advanced and the points behind, the m

40、odern and traditional don't. The modern legal consciousness is accord with the objective law and social needs of The Times legal consciousness, is advanced legal consciousness. The connotation of the legal consciousness can be said to be very rich, legal consciousness as the progress of human civi

41、lization important aspect, is a state or national members of society based on the modern legal practice and the legal system of the external form and intrinsic value rationality of subjective psychological reflection, it not only is to perfect legal forms of pursuing ideal, but also the modern the s

42、pirit of law embodies real. Although people also agree that the law is a ruling means, is a necessary tool of repressive. 在我看來,法律意識至少應(yīng)該包括以下四個方面結(jié)構(gòu): In my opinion, legal consciousness at least should include the following four aspects structure: (a) the right consciousness structure In the tra

43、ditional legal thoughts, rights consciousness extremely poor, and obligation standard and the thinking is extremely rich. Conversely, socialist constitution and the rule of law is the basic content rights, want to develop and set up the people are the mainstay of our society, enjoy various political

44、, economic and social rights, clear the legitimacy of rights and feasibility, all the legal rights of the bold exercise and in its suffer infringed upon resort to the judicial process positive solution, but also to other people's rights to be respected. (2) the correct action consciousness struct

45、ure Due to the influence of the traditional legal culture, the people to have a lawsuit deep prejudice. Whether right or not, all think disgraceful thing, and often litigation and punishment together. The legal consciousness greatly influences the people through the proper legal procedure to solve

46、 all kinds of social contradictions and disputes, this also lost use law on their rights and interests of the effective protection. However, in the modern society, especially in the market and democratization and legalization of modern society, through the judicial way through litigation shall resol

47、ve the dispute that is the most normal way, because the judicial agencies can provide relative justice for dispute may trick of the results. Social order is a kind of legal order, social contradictions if only through the proper, not legal way solution, is often the normal legal order of damage. The

48、refore, to set up correct concept of litigation, safeguard the interests of the individual, and also the need to maintain the normal social order needs. (3) faith concept structure American scholars "German said:" the law must be belief, otherwise it will be eroded." Eroded the law, is to not b

49、e people caused by faith. When the law "was largely invisible", the rule of law will necessarily be replaced man. The law of justice and purpose is the legal become faith the inherent requirement of the object. People know the law, because the law of people inhabit a belief that the or belief, namel

50、y as a social justice, the embodiment of law can overcome evil, that the law will make the society become humanitarian, reasonable, justice, freedom, and equality, order and happiness. Because people have such faith or of legal faith, will have innumerable the good people of social justice and pursu

51、e the implementation of the law also was able to finally realize. The third quarter citizens legal consciousness situation and basic contradiction The citizens of the legal consciousness is the psychological, knowledge about law, the sum total of the concept and thought, so as to express the leg

52、al phenomenon of cognition and evaluation. Through the analysis of the results of the survey, citizens legal consciousness status mainly displays in the following aspects: A most citizens, legal consciousness weak. Compared with before, since the reform and opening, citizens legal consciousness

53、improved, but on the whole is still very weak. Our country's civil legal rights awareness is still exists many problems, for example: the constitution consciousness weak in law consciousness, civil and economic law consciousness weak in criminal law consciousness, procedural law consciousness weak i

54、n substantive law consciousness, etc. In real life, a considerable number of citizens to law does not know, not used to use the law to safeguard their rights. When meet their own rights are violated, or doesn't know, "FaMang" and "law fool" patterns show at society; Either submission to authority, w

55、ent; Either buy law regardless, "retributive violence". In interviews, zhang when "in the usual life, whether you pay attention to use legal means to rights", answer "often" is 17.6%, and the answer "few" accounted for 52.1%, and the answer is "no" is 30.3. In the interview, some residents also said

56、 if meet the disputes that solve with his fist. From the above we can see that, citizens can use less law to safeguard their lawful rights and interests. This reflects our country's civil judicial relief of consciousness weak. In answer to "if in stores to purchase a false and inferior product, you

57、generally do" the question, 28.2% of residents can only since the blame bad luck; While 7.6% of residents psychological feeling uncomfortable, but don't know what to do; To store and the salesman dispute, ask to return money accounted for 44.3%, but these people said demand a refund way no effect, t

58、o the last and only the bad luck; Only 19.9% of residents will seek the help of consumer rights commission. This shows, in meet disputes or problems, people rarely use legal means to safeguard their lawful rights and interests. 2. Most citizens of legal knowledge is lacking. Knowledge of the law

59、 is the law awareness of a important content, it is a civil law consciousness of the formation of the foundation and rational foundation. In the process of the rule of law, the law regulating prefabricated in people under the legal knowledge of how many of the master, affecting both rights legal mai

60、ntenance, and influence of the observance of the law themselves. Residents of the lack of legal knowledge not only seriously affect the legal consciousness enhancement, and the serious influence its life behavior. In our survey of citizens of legal knowledge is found is lack of, a considerable numbe

61、r of people to our country currently runs the law is very strange, the vast majority of residents say the legal knowledge, especially at ordinary times is closely related with the life is the legal knowledge no understanding. And also very few active to understand the law knowledge, in "usually you

62、will make contact, or know the law?" This problem, the choice of law are always on dynamic 31.9%, and prove the along with the progress of the society and perfect; Legal consciousness also slowly into the public. Choose to have need to know when the 47.5%, see, we are good enough the initiative; Cho

63、ose not accounted for 20.7%. Because of the lack of legal knowledge, to oneself the basic rights and shall enjoy the obligations of the not clear, of course, won't use legal weapon to protect and defend their legitimate rights and interests. The lack of knowledge of the law, the direct impact reside

64、nts increasing awareness of the law. Three, citizens in the face of specific questions lack stronger legal skills. Residents use legal ability refers to use legal residents knowledge, with the aid of the legal system to maintain their rights, to fulfill their legal obligations, realize the inter

65、ests of his ability. "The book of the dead method" to become "the reality of stead" and need to rule by law subject in reality to be good use of the law. Residents use legal capability is not strong in concentrated form weak consciousness of law to ignore the law knowledge, the lack of knowledge of

66、the law to do not know how to use the laws protect their own rights and interests. In the research of, we met a about labor law disputes. Environmental protection workers because wages, rest and other issues with a dispute street agency, thinks the office in accordance with relevant provisions of the law no distributed wages, and pay the most standard is not in compliance with the relative law, the rights and interests of the rest, leave no get ensuring. They think that their own legal rights an

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