Dissertation > Excellent graduate degree dissertation topics show
Body conscious and the rule of law in rural areas
Author: LiuMingWei
Tutor: WangWei
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Legal failure State to promote Subject Consciousness Rural Legal
CLC: D920.0
Type: Master's thesis
Year: 2008
Downloads: 175
Quote: 2
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Abstract
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Since the reform and opening up, China's law in rural area has made great achievements, however, the moment still exist in rural areas with a large number of legal failure phenomenon, so we have to reflect on the previous law in rural road. By serious thinking, we will find that the law in rural walk past is a country advancing road, this road is the beginning of the rule of law in China, especially in the vast rural areas of the lack of rule of law soil is very important, it is the rural rapidly construct legal order to cultivate legal talent, establishing the legal authority played an indelible role. This state to promote road, however, is always the farmers as a rural object or the object of the rule of law, have not been able to give full play to the initiative and creativity of farmers as the main building of the rule of law in rural areas. This article is the farmers as the main body of the rule of law in rural areas, farmers consciousness of law in rural visits from the main concept, the main demand, the main participation, hoping to find a new ideas for advancing the law in rural-type roads combined with the state . This paper is divided into five parts, the first part is to start from the reality examine rural widespread legal failure phenomenon, the academic research of this phenomenon, and pointed out the difficulties faced in resolving this issue; second part from facing the plight of departure, began to reflect on the past, the road of the law in rural, certainly in the country promoting the rule of law road quickly construct rural legal order to establish the legal authority to promote the economic development of the rural market and improve the judicial system, and improve the quality of judicial officers great achievements, while focusing on this road has drawbacks. Pointed out that the country promoting the rule of law road overly dependent countries strongly promote the stressed state of human design and operation of the legal system, and the farmers are seen as the object of the law in rural area, ignoring the initiative of farmers and rural legislation can not good internal demand to reflect social changes in rural areas and farmers, and law enforcement by obstructions, leading to the existence of widespread legal failure. The third part of the expedition from the main idea, the main demand, the main participation farmers consciousness of law in rural, which the body needs, including the contents of the four aspects of the needs of the economy, the demand for democratic politics, fairness and justice needs emotional support demand, the main involved in it comes to building a market economy to participate in legislative participation, participation in the building of democracy, law enforcement judicial supervision and participation in four areas. Also pointed out that the reality of the plight of the farmers' awareness of their own subjectivity, including the limitations of agriculture can not provide adequate material basis; traditional ideas remain influential in local society, farmers modern still to establish the concept of rule of law; participation of farmers in rural legislation democracy political construction of participation and judicial supervision and participation to the lack of support of the concept and system protection. The fourth part discusses how to implement the farmers' main consciously. The part at the same time to achieve the farmers main consciously role in affirming countries, focused on the role of villagers' self-government organizations and migrant workers groups of farmers main consciously. Chose both as the object of the study, both in the realization of farmers' awareness of their own subjectivity different path, and a typical one is \The autonomous organizations the farmers own creative practice activities, the main consciously, groups of migrant workers is affected by the impact of the urban environment, to trigger internal demand and actively claim their rights in order to achieve the main consciously. Discusses the villagers 'self-government organizations on the role of farmers' awareness of their own subjectivity, emphasizing the role of villagers 'self-government organizations in the training of farmers freedom, equality, democracy, rights awareness concept, and pointed out that the villagers' autonomous organization is conducive to the expansion of the system of villagers on the law in rural of participation. In his discussion of peasant-workers on the role of farmers' awareness of their own subjectivity, a change in the past, scholars of migrant workers as the point of view of the vulnerable groups in society, focus on analysis as the rural elite, powerful groups, urban and rural areas of material and spiritual elements flow intermediaries, farmers groups have the a powerful declaration leading role, including to promote the economic development of the rural market and promote the collapse of the urban-rural dual system, leading farmers to establish modern concept of rule of law, to promote national law authority established to promote the rule of law in practice in rural areas and so on. Farmers body conscious role of villagers' self-government organizations and migrant workers groups, and is not intended to achieve farmers' awareness of their own subjectivity hopes were pinned on top of the two, but hoped that through this explore, let us consciously some of the farmers' main inspiration, so that we can better respect the way of diversity and diversification of the main. The fifth part is the end-result of this article, the farmers' main consciously with the country to promote the combination of the two roads. This part of the path from the dominant position of respect for farmers, play farmers creativity, combining creative practice activities of the national system of innovation with farmers; encourage institutional innovation, dredge and improve farmers' participation in law in rural; reform and improve the county and township electoral system; improve and perfect the organization of villagers' autonomy; to attach importance to the declaration and the leading role of the peasant-workers, and other aspects of the design of a trial. And pointed out that in the process of combining two roads, a considerable period of time the country promoting the need to dominate, but with the further deepening of the rule of law in rural areas in China, this dominance should let in the peasants main consciously.
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