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Civil Society And The State: The Internal Logic Of Modern Constitutional

Posted on:2012-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y P GeFull Text:PDF
GTID:2216330338959272Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Civil Rights and the relationship between state power is running through the entire contents of the Constitution and the basic contradictions of architecture, is the theoretical basis points in the Constitution is the Constitution and constitutional issues of the theory of dialectical analysis and the core point. From the perspective of social structure, civil society and political state is the civil rights and state power and the presence of the carrier field. Thus, the civil society and political state of that perspective as a framework to study the Constitution and basic issues, such as the formation and change of the constitution, and in this analytical framework to model the ideal type of modern constitutional institutions to discuss civil rights and reasonable The configuration and location of state power, is undoubtedly of great theoretical and practical significance.Before Marx, many thinkers have people from different social aspects of the concept was explained, but as a rigorous system, the concept of civil society is indeed the improvement and development of Hegel in the early home, where natural law, the concept of civil society was widely used, however, the perspective of Hegel's speculative logic never was carried out to collate and summarize the concept of civil society here to be used as a separate category, and it is black Eagle inspired by Marx, a Marxist analysis of the civil society a key to social patterns.From the knowledge of the construction of the standard paradigm of view, Marx's civil society is a landmark study, the civil society to become Marxist theory of the important areas of social development and analysis tools, a Marxist study and thinking about social, national and legal issues important perspective . In essence, through the discipline system in the Constitution, the most fundamental truth and logic of organic unity of state power and civil rights is the dialectical unity, while the civil society and political state of the analysis model and framework will undoubtedly provide us with choice of path dependence. Marx's theory of civil society into the Constitution the national study, to guide the study of China's Constitution and constitutional practice, is not only feasible but also necessary.Directly in the domestic academic society of Marx's concept of national significance in the constitutional few little research, however, the relationship between civil society and the rule of law, it should be said to be an old and new theoretical and practical issue, since ancient times in China many foreign scholars have carried out some of their research, the formation of a matter of opinion point of view, domestic and foreign scholars generally believe that the formation of civil society to promote the direct result of the revival is that of the last century in Eastern Europe and the former Soviet Union countries from centralized notification to the social transformation process, and fully endorsed by civil society on the political state has the authority to function effectively within the constraints, and its market economy and rule of law with the natural inner link.This will sort out the theory of Marx on the basis of civil society, exploring its meaning the study of constitutional law. National Society of Marxist and the interactions between the main line points to the basic ideas of Marxism as a logical conversion to the inherent requirements of modern constitutional development for research principles, to build a mature Marxist Constitution to make a useful attempt.
Keywords/Search Tags:Civil society and political state, Marx's dualism of state and society, the inner logic of modern constitutional
PDF Full Text Request
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