Legal consciousness is a special form of social consciousness, and it is the general name of people's thoughts, opinions, knowledge and psychology about law and legal phenomena. It is manifested in various theories to explore legal phenomena, the evaluation and interpretation of existing laws, people's legal motives (legal requirements), their understanding of their rights and obligations (legal significance), their understanding, mastery and application of laws and legal systems, and the evaluation of whether actions are legal or not.
Legal consciousness belongs to the historical category and has obvious class and political nature. Legal consciousness also belongs to the category of legal culture. It is the spiritual achievement of human legal practice, including the world outlook, methodology, way of thinking, conceptual model, emotion, thought and expectation of human understanding of legal phenomena, including legal cognition, legal emotion and legal evaluation of individuals and groups. Legal consciousness is not formed spontaneously, it is the result of people's study and conscious cultivation in social life, and it is also the result of the subtle influence of legal cultural traditions.
2. The necessity and urgency of cultivating teenagers' legal awareness.
Teenagers are a group that spans teenagers and adults in age. They have both the vigor of young people and the childishness of teenagers. On the one hand, their thoughts are gradually mature, on the other hand, they are full of youthful agitation and ideological fluctuations. They are eager to know and understand this colorful but complicated world, and they are also eager to integrate into society and gain social understanding. They are curious about the world and sometimes follow and move blindly. The temptation of the outside world hidden under the beautiful appearance and various dark phenomena in the social transformation period often make them drift with the flow in confusion and confusion, and even get hurt unconsciously. Then, how to guide and standardize teenagers' thoughts and behaviors and provide ways and methods to safeguard their legitimate rights and interests? How to help them learn legal knowledge, form basic legal consciousness, cultivate their inner belief in legal norms and consciously abide by them, and curb the increasingly serious phenomenon of juvenile delinquency? Today, when ruling the country according to law and building a socialist country ruled by law, our professional lawyers should think about and try to solve these problems. Next, I want to talk about my understanding and ask Fang Jia for advice.
Third, the main ways to cultivate teenagers' basic legal awareness.
(1) By studying the Regulations on Administrative Penalties for Public Security and the Criminal Law, we will instill basic legal norms and help young people to initially form law-abiding concepts and legal beliefs.
"Regulations" are the norms of administrative behavior to deal with people who have minor violations of the law, and "Criminal Law" is the criminal legal norms to punish those who constitute crimes. The similarity between the two is to investigate the responsibility of criminals, but the departments and procedures targeted by regulations and criminal laws, the targets of punishment, the severity of violations and the severity of punishment are different. Through the study of regulations and criminal law, teenagers can initially understand and distinguish what is illegal, what is legal, what is prohibited by laws and regulations, and what is allowed or even encouraged by laws and regulations. We should not only instill theoretical knowledge, but also analyze the people and things around us according to the age and characteristics of teenagers, summarize and refine typical cases from lively daily life, so that they can educate themselves, distinguish right from wrong, and combine theory with practice closely. Some of them should prevent and reduce juvenile delinquency, educate students how to deal with other people's illegal and criminal acts, avoid and reduce unnecessary harm, and how to better protect their legitimate rights and interests and achieve general prevention and prevention.
(2) Promote the formation of teenagers' awareness of rights through the study of the Constitution.
Right culture, humanistic culture and scientific and technological culture are also called one of the three major cultures in the world today. The core of right culture is the right standard theory. The idea of right standard has two meanings. First, it is a theory to solve the relationship between citizens and the state. Master-servant culture produces obligation standard. In this standard, the state dominates everything, and citizens only have the obligation of unconditional obedience. On the other hand, the right standard reverses the relationship between citizens and the state, holding that citizens have the right to dominate the state, and the state takes it as its absolute obligation to ensure the acquisition of the status of citizens' masters. Secondly, it is a theory to solve the interactive relationship between right and power. The exercise of state power aims to create conditions for citizens to realize their rights. If the exercise of power deviates from the purpose of protecting civil rights, power will be transformed. State power takes civil rights as its operating boundary. The boundary between the two is clearly defined by law. The essence of the right-based thought is the concretization of individual rights and the relativity of obligations. Under the influence of this culture, there are three kinds of relations between people and countries, namely, obedience in the field of obligation, exclusion in the field of freedom, dependence and participation in the field of rights, which leads to social harmony.
The formation of rights culture depends on the generation of citizens' awareness of rights. Therefore, cultivating citizens' awareness of rights must be carried out from an early age. Young citizens' awareness of rights must be based on studying the constitution, and they must establish the basic concept that the constitution is supreme and the constitution is the guarantee of citizens' rights. It is necessary to let teenagers know that the constitution is the fundamental law of the country, and to stipulate the most fundamental and important issues of the country in content. In terms of legal effect, the constitution has the highest legal effect; The constitution is stricter than other laws in formulating and amending procedures. We should let young people know that the Constitution is the guarantee of civil rights. As we all know, the constitution is the general charter of Anbang, but this conclusion is mainly from the perspective of state management, so it is not completely unified with the core value orientation of the constitution; In fact, the most important and core value of the Constitution is that it is the guarantee of civil rights. France 1789' s Declaration of Human Rights clearly declared that there is no constitution in any society where rights are not guaranteed and decentralization is not established. Lenin also pointed out that the Constitution is a piece of paper, on which people's rights are written. Therefore, it can be seen that there is a very close relationship between the constitution and civil rights, which can also be proved from the development history and basic contents of the constitution. Historically, the constitution or constitutional documents were first formulated by the bourgeoisie in the struggle against feudal autocracy in order to confirm the rights obtained and consolidate the victory. Judging from the basic content of the constitution, although the constitution as the fundamental law of the country involves all aspects of national life, its basic content can still be divided into two parts, namely, the correct exercise of state power and the effective protection of citizens' rights. However, these two parts are not parallel, and as far as their relationship is concerned, the effective protection of civil rights is dominant. Therefore, teenagers can understand that the Constitution is not only a legal department that systematically and comprehensively stipulates citizens' basic rights, but also its basic starting point is to protect citizens' rights and freedoms.
(3) Study civil law to promote the formation of equality and contract concept (honesty and credit).
The formation of the concept that everyone is equal and abides by the contract is bound to depend on the study of civil law. Civil law originated from the ancient Roman society with a fairly developed simple commodity economy. Influenced by the evolution of human history, civil law has gradually become the basic legal norm for countries to adjust their property relations and personal relations to the commodity economy under different social forms. The essence of civil law is to directly raise the objective requirements of the development of commodity economy in a certain society into legal norms. The General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law stipulate that the civil law of People's Republic of China (PRC) regulates the property relations and personal relations between citizens and legal persons, as well as between citizens and legal persons as equal subjects. It can be seen that an important feature of civil law is the equality of the subject status of civil legal relations. In the process of commodity production and exchange, equal subjects must pay corresponding consideration to obtain each other's property, which embodies the principle of equal compensation. The legitimate civil rights and interests of citizens and legal persons should be protected by laws based on civil law, and the important way of protection is to sign legal and effective contracts (that is, contracts) between civil subjects. The parties to a contract establish, change and terminate their civil rights and obligations according to their own wishes on a voluntary basis. The contract must be abided by. The contract is the "law" that all parties to the transaction must abide by, and it is also the embodiment of the principle of fairness and good faith. Through study, our teenagers will better understand and establish the idea of equality and observing "everyone is equal before the law" and "contracts must be observed".
(4) Eliminate the bad influence of the old concept of "being tired of litigation", strengthen the litigation consciousness and establish a new litigation concept.
China's traditional legal thought is "the rule of punishment", at the same time, the legal norm is "the unity of etiquette and law", and the principle of legal spirit is "patriarchal ethics". Therefore, from ancient times to the present, based on the concepts of "good nature" and "harmony between man and nature", it is believed that education is feasible and litigation can be avoided. Confucius said in The Analects that "hearing a lawsuit, even if I am still a human being, will make it non-litigious", to the effect that after accepting people's lawsuits, he did not immediately try them, but adopted a delaying strategy to let people conduct self-reflection and self-education in order to achieve the goal of non-litigious. Therefore, China people have long believed that litigation is a violation of the natural order. On the contrary, a society without litigation is an ideal harmonious society. This concept is deeply rooted among China people, who are unwilling to go to court and try their best to avoid going to court. Even now, some people still regard going to court, especially being a defendant, as a shame. Generally speaking, if relatives and friends go to court to resort to law because of contradictions and disputes, whether in the eyes of outsiders or in fact, family friendship will definitely disappear.
We should start with the study of civil procedure law, administrative procedure law and other litigation laws, focusing on updating the old litigation concept among teenagers who are less influenced by the traditional "complaint-weariness" thought. In our view, litigation is only a common means to remedy the damaged rights and interests. Even if relatives and friends "go to court", it is not tearing their faces and putting aside their reason, but a dispute resolution mechanism that allows disputes to be resolved independently and fairly by a third party on the premise of openness and justice, which is more civilized and progressive than private mediation, adjudication and other private remedies. We should educate young people to regard litigation to protect the legitimate rights and interests of themselves and others as a right and a legitimate act to defend this right. Encourage young people to boldly use legal weapons in their own and others' legitimate rights and interests, make full use of litigation rights in time, and take precautions or make up for it, so as to safeguard their legitimate rights and interests.