How to cultivate socialist legal cultivation of college students
College students are an important force in the construction of a socialist rule of law country, and must strengthen their socialist legal cultivation. Not only should they learn legal knowledge, master legal methods, participate in legal practice, and cultivate a socialist legal way of thinking, but also set up legal beliefs, publicize legal knowledge, dare to fight against illegal and criminal behaviors, and consciously safeguard the authority of socialist law. I. Cultivate socialist legal way of thinking Whether the process of building a socialist rule of law country can be successfully promoted depends to a certain extent on whether socialist legal thinking can penetrate into people's hearts. The task of legal propaganda and education in China includes not only publicizing and popularizing legal knowledge, but also efforts to enhance the level of citizens' legal thinking. (I) The Meaning of Legal Way of Thinking The so-called legal way of thinking refers to the habit and orientation of thinking, analyzing and solving legal problems in accordance with the provisions, principles and spirit of the law. Under normal circumstances, legal problems often also contain political, economic or moral problems, which can be thought and dealt with from a moral, economic and political point of view, but once these problems are included in the scope of legal adjustment, they should be thought and dealt with in accordance with the provisions, principles and spirit of the law. In quite a number of cases, thinking and dealing with problems in accordance with legal thinking and thinking and dealing with problems in accordance with moral, economic or political thinking will lead to the same or similar conclusions, but in some cases, different conclusions may be reached. For example, repayment of debts is a moral principle that prevails in almost all societies. The law protects the legitimate rights of creditors, but there is a statute of limitations in the law. According to China's General Principles of Civil Law, the statute of limitations for creditors to petition the people's court for protection of their claims is two years. In other words, if the creditor neither sues the debtor in court nor makes a demand for repayment of the debt to the debtor within two years, and if the debtor does not indicate that he or she will repay the debt, the creditor's claim is no longer protected by law. While the law does not compel the debtor to fulfill his obligations, it does not object to the debtor fulfilling them on his own, since morally speaking, a debtor is obliged to pay a debt no matter how much time has elapsed. In such cases, a conflict arises between legal and moral thinking. It must be emphasized that legal thinking should take precedence over thinking about and dealing with legal issues, and that moral principles and moral evaluations should not be substituted for legal rules and evaluations. (ii) Characteristics of the legal way of thinking Speaking of law. Legal thinking to think and deal with legal issues should first take the law as the criterion. Whether a certain behavior is legal or illegal, whether it is a general offense or a criminal act, whether it should bear legal responsibility, what kind of legal responsibility should be borne, etc., should be judged by the law as the standard. If we think and deal with problems apart from the law, we cannot talk about any legal thinking. In social life, people sometimes encounter the conflict between law and reason, law and emotion, and encounter reasonable but not lawful or reasonable but not lawful situation. However, even if people feel that certain legal provisions are unreasonable and unconscionable, they cannot ignore, violate or set aside the law. A legal provision is valid as long as it has not been amended or repealed, and people are obliged to comply with or enforce it. If people feel that a legal provision is unreasonable, they can make a proposal to the relevant State organ to amend or repeal it, and the State organ concerned will amend or repeal the legal provision, but until the State amends or repeal it, it must still be observed or enforced. Speaking of evidence. Legal thinking thinking and dealing with legal issues should be based on evidence. To correctly analyze and handle legal cases, two key issues should be grasped: one is to find out the facts of the case, and the other is to correctly apply the law. Only by collecting sufficient evidence can the facts of the case be clarified. Generally speaking, the evidence is to the form of legal provisions of the performance of the facts that can prove the real situation of the case. Evidence in law is different from general facts. First of all, the evidence should have legitimacy, that is, the form, collection and investigation of evidence must be in accordance with the provisions of the law. Secondly, the evidence should be objective, that is, the evidence must be objective and true, neither can catch the wind, not to mention subjective. Once again, the evidence should have relevance, that is, the evidence only with the facts of the case has a substantial connection to the facts of the case can have a role in proving the facts of the case. Speaking program. Legal thinking to think and deal with legal issues from the legal process. Procedural issues in the legal field in a very important position. Simply put, procedure is the way and process of legal behavior prescribed by law, and the law restrains people's behavior by prescribing clear procedures. Procedures tell people what things should be done first and what things should be done second when carrying out a certain legal act, and how to do these things in order to comply with the law. Legal thinking is more concerned with the procedural aspects of behavior than other types of thinking. Reasoning about the law. Legal thinking thinks and deals with legal issues by applying the principles and spirit of law. The task of legal thinking is not only to obtain conclusions for dealing with legal issues, but also to provide adequate legal arguments and legal reasons for legal conclusions. Any rational thinking should support the conclusions obtained with appropriate reasons, and the requirements of legal thinking for reasons are even more special. For one thing, reasons must be public, not secret. Secondly, the reasons must be legally justified. Third, they must be legally persuasive. In this regard, rather than seeking a conclusion to a problem, the first task of legal thinking is to seek the legal grounds on which to base a conclusion - grounds that are acceptable to those who identify with the law and rely on it. (III) Ways to Cultivate a Legal Way of Thinking Cultivating a legal mind is not an easy task, but requires hard work. College students can gradually develop the habit of thinking, analyzing and solving legal problems from the legal point of view in their daily life by learning legal knowledge, mastering legal methods and participating in legal practice. Learning legal knowledge. Learning and mastering basic legal knowledge is the prerequisite for cultivating a legal way of thinking. A person who knows nothing about legal knowledge cannot possibly form a legal way of thinking. Legal knowledge usually includes knowledge of laws and regulations and knowledge of legal principles, and both parts of legal knowledge are important for developing a legal mindset. Only if one understands both the specific provisions of laws and regulations on a certain issue and the principles and principles of the law can one better comprehend the spirit of the law, develop a legal mindset, and utilize the legal mindset to think about and deal with a variety of legal issues. Master the legal method. Legal method is the way people think, analyze and solve legal problems from the legal point of view. Legal method constitutes the basic element of legal thinking, and the process of legal thinking is the process of thinking, analyzing and solving legal problems by using legal methods. To cultivate a legal way of thinking, we must master legal methods. It should be noted that the legal methods used by legal practitioners are quite complex, with methods of legal interpretation, legal reasoning, filling legal loopholes, and determining facts. Each basic method in turn includes a series of specific methods. It is necessary for college students to understand and master some basic legal methods. Participate in legal practice. The legal way of thinking is a way of thinking that is trained, cultivated and applied in legal practice. It is impossible to develop a legal way of thinking apart from concrete legal life and legal practice. Only by participating in various legal activities and applying legal knowledge and methods to think, analyze and solve legal problems in legal practice can a conscious habit of legal thinking be developed. As the process of building a socialist state governed by the rule of law continues to advance, the scope of the law's adjustment of social life will become more and more extensive, and people will inevitably be confronted with more and more legal affairs. This not only puts forward urgent requirements for the cultivation of the legal way of thinking, but also provides good conditions for the cultivation of the legal way of thinking. Second, establish and maintain the authority of socialist law Socialist law has authority and dignity in national and social life, which is a prerequisite for building a socialist country under the rule of law. Every citizen, including college students, has the obligation and responsibility to establish and maintain the authority of socialist law. (I) The significance of safeguarding the authority of the law The authority of the law is in terms of the status and role of the law in the process of state and social management, and refers to the inviolability of the law. The establishment of legal authority mainly relies on the external coercive force and internal persuasion of the law. The external coercive force of the law is the external condition of legal authority, which is mainly manifested in the state's sanctions against illegal behavior. Although the legal authority can not be completely built on the basis of external coercive force, but the necessary external coercive force, is to establish the legal authority indispensable conditions. The intrinsic persuasive power of the law is the inner foundation of legal authority. If only rely on the external coercive force, the law can not form a real authority. The inherent persuasive power of the law comes from the inherent reasonableness of the law itself, such as the law is reasonable, uphold justice, promote efficiency, easy to understand, but also from the reasonableness of the legal implementation process, such as law enforcement fairness, judicial justice. It is because the law itself and the implementation of the law has these intrinsic reasonableness that the law is respected, trusted and admired. In contemporary China, the establishment of legal authority is of great significance to the construction of a socialist country under the rule of law and the realization of the country's long-term stability. Legal authority is the solid foundation of national stability. When the highest authority of the state is the leader, the political stability and the rise and fall of the country will depend on the leader. With the change of leaders, the political situation of the country may have great ups and downs, and the policies and laws may change frequently. When the supreme authority of the state is the law, because the law is a universal rule that transcends any individual and has stability and continuity, the political rule and the social order will maintain considerable stability and continuity despite the constant flow and change of leaders. (ii) Consciously Safeguarding the Authority of Socialist Law The establishment of the authority of socialist law depends on the efforts of the state as well as on the efforts of individual citizens. From the point of view of the state, various effective measures should be taken to eliminate the factors that jeopardize the authority of socialist laws. For example, it should further improve the quality of legislation to ensure that it is scientific and reasonable; improve the implementation of the law to ensure that it is followed, enforced and punished; and carry out in-depth publicity and education on the rule of law to enhance the legal awareness of society as a whole. From an individual point of view, efforts should be made to uphold the authority of socialist law in various ways. For college students, at least the following three aspects should be done: Efforts to establish legal beliefs. Only when a person truly recognizes, trusts and believes in the law from the bottom of his heart will he consciously uphold the authority of the law. College students should establish their faith in China's socialist laws by carefully studying legal knowledge, y understanding the important role of the law in modern society, and y grasping the spirit of China's socialist laws. Actively publicize the knowledge of law. While studying and mastering the knowledge of law by themselves, college students should also publicize the knowledge of law to others. In particular, they should publicize the socialist concept of the rule of law, help people to completely eradicate the remnants of feudalism, such as "power is greater than law" and "the rule of man, not the rule of law", and publicize the superiority of our country's socialist law, so as to enable people to understand, familiarize themselves with, and identify with our country's socialist law, thus promoting the formation of a society that respects and upholds the rule of law and the rule of law. This will promote the formation of a good culture of respecting and upholding the authority of socialist law in society as a whole. Dare to fight against illegal and criminal behavior. Criminal behavior is not only the destruction of social order, but also contempt for the authority of the law. College students should not only have a sense of law-abiding, consciously abide by the laws of the country, but also dare to fight against illegal and criminal behavior, consciously safeguard the authority of the law. Fighting with criminal behavior is a variety of ways, including taking effective measures to prevent the occurrence of criminal behavior beforehand, but also in the event and after the incident to stop, report, expose criminal behavior.