法律维稳政治化现象之分析

发布时间：2018-04-28 23:24

本文选题：维稳 + 法律　；参考：《南京大学》2013年硕士论文

【摘要】：稳定作为压倒一切的头等大事,自建国以来就为党和政府所重视。建国初期一直到改革开放之初,维稳主要依据的是党的政策和各种政治运动。中国共产党自革命斗争年代以来一直注重群众路线,依靠群众,发动群众。而政治运动离不开群众的参与,就是通过发动群众来达到一定的政治效果。在建国初期,经济利益和社会结构都很单一。在人们都能接受以平均社会为核心意识形态的情况下,社会容易治理,党的政策和政治运动被用作社会治理的重要方式。“文化大革命”使中华民族遭受十年浩劫,从苦难中走出的中国人民开始寻求法制,大量的法律在这一时期被制定,维稳逐步走向了一个“有法可依”的时代。然而,伴随着市场经济的快速发展,我国社会转型的深入,各种社会利益分化,群体性突发事件大量涌现。这不仅为社会稳定造成巨大隐患,也成为我国深化改革开放、加快经济发展战略的阻碍。维护社会稳定工作,引起了党和政府的极大重视。为此,各级政府都加大了维稳投入,包括人力、物力、财力,但是却走向了一个“越维越乱”的怪圈。在社会大众心理上甚至出现了一个扭曲的认识,即要想在政府那里得到利益,就要敢于制造“麻烦”,没有“麻烦”,政府不会自动的把好处给你。所以有了“大闹大解决,小闹小解决”的维稳现象。笔者认为,中国社会之所以走向一个“越维越不稳”的怪圈,是因为虽然经过改革开放三十年的法治建设,我们在维护社会稳定方面做到了“有法可依”,但是,法律维稳却表现出了一种政治化的倾向。法的特性是一致性和普遍性,即所谓的法律面前人人平等；而政治化的特性就是多样化和特殊性,不同的人在法律面前有不一样的待遇；法律被作为维稳的工具,服务于地方政府的“中心工作”；法院在一些涉诉信访案件中一味追求社会效果,过多的考虑判决结果的社会影响,消解了法律的公平；司法不独立,法院在政法委的领导下,审判工作受到政法委的影响。这种法律维稳政治化现象使法律在维护社会稳定的功能受到消减,甚至扭曲,法律权威被消弭,进而导致维稳陷入“越维越不稳”的怪圈。法律维稳政治化对公众看待法律的态度影响也是巨大的。信访案件的激增,是公民“信访不信法”的直接体现。一旦出现损害公民利益的情况出现,很多群众选择的是找政府,而不是找法院。信访作为一种信息通道,本身并不具有社会救济功能,但现实社会中,信访对于司法的影响,对政策的影响,使上访者的诉求得到了比司法途径更高效的解决。但这种解决往往是有违法治精神的。只有让信访回归本位,树立司法权威,才能使维稳跳出“越维越不稳”的怪圈。
[Abstract]:Stability, as the overriding priority, has been valued by the Party and the government since the founding of the people's Republic of China. From the beginning of the founding of the people's Republic of China to the beginning of reform and opening up, the maintenance of stability was mainly based on the Party's policies and various political movements. Since the revolutionary struggle, the Communist Party of China has been paying attention to the mass line, relying on the masses and arousing the masses. The political movement can not be separated from the participation of the masses, is to mobilize the masses to achieve certain political results. In the early days of the founding of the people's Republic of China, the economic interests and social structure were very single. Under the condition that people can accept the average society as the core ideology, the society is easy to govern, and the party's policies and political movements are used as the important ways of social governance. The "Cultural Revolution" caused the Chinese nation to suffer for ten years. The Chinese people who had come out of the misery began to seek the legal system. A large number of laws were formulated during this period, and the maintenance of stability gradually moved to an era of "having laws to abide by". However, with the rapid development of market economy, the deepening of social transformation, the differentiation of various social interests, mass emergencies emerge in large numbers. This is not only a huge hidden danger for social stability, but also a hindrance to deepening reform and opening up and accelerating economic development strategy. The work of maintaining social stability has aroused the great attention of the Party and the government. For this reason, governments at all levels have increased their investment in maintaining stability, including human, material and financial resources, but they have gone into a strange circle of "more and more chaos." In the public psychology, there is even a distorted understanding that if you want to get benefits from the government, you must dare to create "trouble", no "trouble", the government will not automatically give you the benefits. So there is a "big trouble to solve, small to small," the stability of the phenomenon. The author believes that the reason why Chinese society is moving towards a strange circle of "more and more unstable" is that, although after 30 years of reform and opening up to the rule of law, we have achieved the "legal basis" in maintaining social stability, but, The stability of the law shows a tendency to politicize. The nature of the law is consistency and universality, that is, equality before the law; the politicized character is diversity and particularity; different people are treated differently before the law; the law is used as a tool to maintain stability. The "central work" that serves the local government; the courts blindly pursue social effects in some cases involving complaints, letters and visits, too much consideration is given to the social impact of the outcome of the judgment, and the fairness of the law is dispelled; the judiciary is not independent, and the courts are under the leadership of the political and legal commissars. The trial was influenced by the political and legal committee. This phenomenon of law stability and politicization reduces the function of law in maintaining social stability, even distorts it, and eliminates the authority of law, which leads to the stability falling into a strange circle of "more and more unstable". The politicization of legal stability has a great impact on the public's attitude towards the law. The surge of petition cases is the direct embodiment of citizens'petition and non-trust law. In cases where citizens are harmed, many people choose to go to the government rather than the courts. As a kind of information channel, petition does not have the function of social relief, but in the real society, the impact of petition on justice and policy has made the appeal of petitioners more efficient than the judicial approach. But such a solution is often contrary to the spirit of the rule of law. Only by returning the petition to the standard and establishing the judicial authority, can the stability jump out of the strange circle of "more and more unstable".
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D90-052

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