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城市治理现代化依赖法治的实现,法治社会的建立亟待市民法治意识的构建。市民法治意识仍旧淡薄,这主要受到内部因素和外部因素的影响。内部因素包括文化因素、生理因素;外部因素包括法律实践因素、法院偏好因素。通过具体的中美城市噪声污染案作为观测法治意识淡薄的切入点,得到四点原因:噪声标准固定、举证责任虚设、赔偿力度小、执行力欠佳。在四点分析的基础上,提出从内外两因素着手构建市民法治意识的建议。内部因素改造方面提出两点建议:改变普法模式;设立特殊保护机构。外部因素重构方面提出四点建议:个性化定制标准;弥补与落实举证责任;提高侵权者的违法成本;减少调解比重。
The modernization of urban governance relies on the realization of the rule of law, and the establishment of a society ruled by law requires the construction of public awareness of the rule of law. The public awareness of the rule of law is still weak, which is mainly affected by internal and external factors. Internal factors include cultural factors, physiological factors; external factors include legal practice factors, court preferences factors. Through the specific case of noise pollution in urban areas between China and the United States, as the starting point for observing the weak awareness of the rule of law, four reasons are obtained: the noise standard is fixed, the burden of proof is false, the compensation is small, and the execution is not good. On the basis of four-point analysis, this paper puts forward the suggestion of constructing the public awareness of the rule of law from the internal and external factors. Two suggestions on the transformation of internal factors: changing the legal literacy model and setting up special protection agencies. Four suggestions on the reconstruction of external factors: Personalized customization standards; Make up and implement the burden of proof; Improve the infringer’s illegal costs; Reduce the proportion of mediation.