當代中國法律正義的人本基礎研究.pdf

1、 分類號： 密 級： 學 號： 2007031 單位代碼： 10407 碩 士 學 位 論 文 論文題目: 當代中國法律正義的人本基礎研究 當代中國法律正義的人本基礎研究 研 究 方 向 科學發(fā)展觀與和諧社會建設 科學發(fā)展觀與和諧社會建設 專 業(yè) 名 稱 馬克思主義基本原理 馬克思主義基本原理 研 究 生 姓 名 姬曉慧 姬曉慧 導師姓名、職稱 賴曉鵬 賴曉鵬 副教授 副教授 2009 2009 年 11

2、 11 月 26 26 日 江西·贛州 II Abstract Since we introduced the reform and the open policy，the legal construction of our country gained obvious development, and the socialist legal system has already formed, the procurator

3、ial system and the judicial system that suits national conditions grow more mature, while the society becomes more legalized with a intensified awareness of the law. In the meantime, we have to realize that, there are st

4、ill legislative and judicial problems when facing with the protection and achievement of social justice. Although it is hard to tell the deep origin of these problems, all of these problems have shares something in commo

5、n: they have all not taken human as the essence. By implementing the Marxism human studies, the law and especially the “historic joint efforts“ theory, this paper analyses the basic concept of man-oriented and gives solu

6、tions to the enhancing of our legal justice from legislative and judicial aspects. This paper can be divided into five parts. The first paper raises the question. Since we introduced the reform and the open policy, the c

7、onstruction of our legal system have achieved great progress, but there are still problems like the market segmentation and local protection in legislation, the conflict of the supervision of the society and agreement in

8、 judicial independence, these problems are all contributed to the ignorance of the man-oriented theory. In the second part, the author analyses the man-oriented theory. The man-oriented theory of this paper is the abbrev

9、iation of saying of “People Oriented“ in current china, which shares its similarities and distinctions with the man-oriented theory in the west and the peoples basis theory in ancient china, and in essence, it lays its r

10、oot in the Marxist thought of human. In the third part the author illustrates the legal justice. Through the research in justice, legal justice and the theory of “historic joint efforts”, the author analyses the concept

11、of justice and legal justice in Marxist context. In the fourth part, the author discusses the relationship between the man-oriented theory and legal justice, and indicates that the properties of man are the premise of le

12、gal justice, the development of man is the goal of legal justice. After that, the author will analyses the relationship between subjectivity of man and the objectivity of the law, and proclaims that it's the premise

13、of achieving legal justice by paying good heed to the man-oriented theory. In the fifths part, the author gives reformative solutions to the enhancement of the man-oriented basis of legal justice in the context of modern

14、 china. By the guidance of “historic joint efforts” theory and with the help of advancement of the system of national people's congress, the author claims to pay more attention on the traditional and new platform of