“实用”法律观所衍生的悲剧——以电影《我不是潘金莲》为样本的分析
发布时间：2018-08-14 13:30
【摘要】：由于很多人奉行实用主义的法律观,因而对法律缺乏足够的尊重和信任,运用法律表现出了随意性,不想用就走"上访"、"闹访"之路。当"上访"、"闹访"成为严重的社会问题以后,直接导致了法律权威的失落。这表明法治思维和法治方式还没有成为化解社会矛盾的主要方式,人们的思维方式还存在着诸多的冲突。"我不是潘金莲"本来是一个道德判断,由基层社会组织就可以解决,然而却在现实的法律规范与道德规范、法律制度与信访制度、政府与司法机关之间来回翻转,最终也没有使矛盾得以化解。这既是个人的悲剧,又是信访制度、法律制度,乃至于法治的悲哀。
[Abstract]:Because many people follow a pragmatic legal view, they lack sufficient respect and trust for the law, and use the law to show their arbitrariness. If they do not want to use it, they will follow the road of "petition" or "making a visit". When "petition" and "call-up" became serious social problems, it directly led to the loss of legal authority. This shows that the thinking of the rule of law and the way of the rule of law have not become the main way to resolve the social contradictions, and there are still many conflicts in the way of thinking of people. " I am not Pan Jinlian, "originally a moral judgment, which can be solved by grass-roots social organizations, but it turns back and forth between the actual legal norms and moral norms, the legal system and the petition system, and between the government and the judicial organs." In the end, the conflict was not resolved. This is not only the tragedy of the individual, but also the sorrow of the petition system, the legal system and even the rule of law.
【作者单位】： 华东政法大学法律方法研究院;
【基金】：国家“2011计划”司法文明协同创新中心研究成果
【分类号】：D920.4;J905
，
本文编号：2183010
[Abstract]:Because many people follow a pragmatic legal view, they lack sufficient respect and trust for the law, and use the law to show their arbitrariness. If they do not want to use it, they will follow the road of "petition" or "making a visit". When "petition" and "call-up" became serious social problems, it directly led to the loss of legal authority. This shows that the thinking of the rule of law and the way of the rule of law have not become the main way to resolve the social contradictions, and there are still many conflicts in the way of thinking of people. " I am not Pan Jinlian, "originally a moral judgment, which can be solved by grass-roots social organizations, but it turns back and forth between the actual legal norms and moral norms, the legal system and the petition system, and between the government and the judicial organs." In the end, the conflict was not resolved. This is not only the tragedy of the individual, but also the sorrow of the petition system, the legal system and even the rule of law.
【作者单位】： 华东政法大学法律方法研究院;
【基金】：国家“2011计划”司法文明协同创新中心研究成果
【分类号】：D920.4;J905
，
本文编号：2183010
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