法学课程思政建设中加强爱国主义教育探析

The Analysis of Strengthening the Patriotism Education in the Ideological and Political Construction of Law Curriculum

当前高校法学教育中存在学生主体地位弱化的倾向,这主要是法学教育中流行的“主体—客体”认知模式造成的,其根源在于法学研究中采取的“外在视角”和“旁观者立场”。这致使关于法治主体性的研究不足,造成形式法治和实质法治割裂的倾向,并因此导致依托于法学研究的法学教育实践同样存在对学生主体性的忽略、对“育人”宗旨的偏离、对学生法治观念的培育不够重视、爱国主义教育有待加强等问题。法治是形式法治与实质法治的有机统一。从主体角度看,形式法治具体表现为法治精神,实质法治则表现为爱国主义。主体的法治观念是爱国主义和法治精神有机结合的产物。基于此,应以当前法学课程思政建设为契机,秉持“育人”的宗旨,以提升学生的主体性为抓手,遵循形式与内容相统一、理性和情感相平衡的方法论原则,实现爱国主义和法治精神的有效融合、彼此促进。

At present,there is a tendency to weaken the status of student subject in law education in colleges,which is mainly caused by the popular"subjectobject"cognitive model in law education,and its root lies in the"external perspective"and"bystander position"adopted in the study of law.The"external perspective"and"bystander position"of legal research lead to insufficient research on the subjectivity of the rule of law,resulting in the tendency of the formal rule of law and the substantive rule of law to be separated.This leads to the law education practice,which relies on the study of law,also has the problems of neglecting the subjectivity of students,deviation from the purpose of"cultivating people",insufficient attention to the cultivation of students′concept of rule of law,and the need to strengthen patriotism education.The rule of law is the organic combination of formal rule of law and substantive rule of law.From the perspective of the subject,the formal rule of law is embodied in the spirit of the rule of law,while the substantive rule of law is expressed as patriotism.The concept of the rule of law of the subject is the product of the organic combination of patriotism and the spirit of the rule of law.Based on this,we should take the current law curriculum as an opportunity to take the construction of ideological and political thinking,uphold the purpose of"educating people",take the promotion of students′subjectivity as the grasping hand,follow the methodological principle of unity of form and content,rationality and emotional balance,and realize the effective integration of patriotism and the spirit of the rule of law,and promote each other.