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The Influence Of The Civil Right Consciousness On Rule Of Law

Posted on:2010-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhuFull Text:PDF
GTID:2166360275474547Subject:Jurisprudence
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As the nucleus of the rule of law , the rights couldn't go to the people's life without the supporting of the psychology base . As the psychology factor, the citizens'consciousness of the rights is important to the rule of law , just as soil is to seeds. Without the consciousness of the rights working as the fertilizer , the people couldn't be aware of the protection of the rights. First of all, the research in the influence of the civil right consciousness on the procedure the rule of law is decomposing the concept of civil right consciousness. I comprehend the concept of the rights in the eyes of the natural law, so the rights reach out of the legal rights .They also contains the rights available in common life. Defining the concept of rights as an opening concept will contribute to the development of the rights and of society as well as the criticism of the society. Secondly, the four parts of the article which is related to the human's mental activity is needed to define its inner elements properly by referencing the psychological research achievements. So it can be decomposed as the right recognition, the right emotion, and the right will .And then that proves the function of the civil right consciousness in the process of the rule of law. That's theoretical analysis. Finally the point of the views above is further demonstrated through the survey on the role of the civil right consciousness in the course of development of Western and China. The upsurge of the Western civil right consciousness has made a significant contribution to the development of the rule of law, but the indifference of Chinese civil right consciousness has blocked the processing of the rule of law. In the fourth part of the article, I summarize the status of the civil right consciousness in China and point out the problems . The lack of the civil right consciousness has done some harm to democracy, limited government, market economy, the protection of human rights and so on. I focus on the inherent requirement of the rule of law to prove this harm. The lack of the civil right consciousness is the main causes of bribery that would make the Grass-roots democracy as formality. The lack of the civil right consciousness would encourage the abuse of public power, which leads to the extreme events happening frequently. The lack of the civil right consciousness blocks the development of market economy. The lack of the civil right consciousness will do some harm to the protection of human rights. In the last part of the article , I propose solutions to problems that lie in our real society . According to cognitive psychology research on consciousness , people's subjective initiative largely depend on the stimulating of external stakeholders and the internal ability of the man . So ,in this part , I think inspire the enthusiasm of people on exercising their rights through reducing the cost of right maintenance .It can let people"want"to use their right. At the same time, the government should improve the people's ability of exercising their right by improving the law popularization of education. Thus, it can enable the people to have the ability to use their right.
Keywords/Search Tags:the civil right, consciousness, rule of law, human rights, lawsuit cost, law popularization education
PDF Full Text Request
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