摘要
"微腐败"治理既是完成反腐倡廉工作的必然要求,也是破解腐败治理难题的关键之举。尤其是乡村"微腐败",因其量大面广、隐蔽性强等特点成为"微腐败"治理的痼疾所在。传统硬法虽承担着法治反腐的重任,但全然依靠硬法并不能实现乡村"微腐败"的全方位治理。公共治理的兴起为软法反腐奠定了逻辑基础。立足功能主义分析框架,软法在弥补单一法规制不足、道德义务规范化表达和发挥乡村治理民主性等方面有着硬法无法比拟的功能和优势。以党内法规、村规民约等为代表的软法资源运用也为乡村"微腐败"治理提供了可行的路径与方案。不过单靠任何一种法的形式都无法完成乡村"微腐败"治理任务,"软硬共治"将是乡村"微腐败"治理的最优模式。
"Micro-corruption" treatment is an inevitable requirement for the completion of anti-corruption work,and also a key task to solve the problem of corruption.In particular,rural "micro-corruption" has become a chronic disease because of its large number and hidden nature.Traditional hard laws bear the responsibility of cracking corruption with the principle of rule of law as they do,relying entirely on hard laws does not help much in the wholesale treatment of "micro-corruption." The rise of public treatment has laid a logical foundation for soft law to play a part against corruption.Based on the functionalist analysis framework,the soft law has the function and advantage unparalleled by the hard law in making up for the defects of the single legal system,in the standardized expression of moral obligations,and the democratic treatment of rural areas.The use of soft law resources represented by Party regulations and village regulations also provide a feasible means for rural "micro-corruption" treatment.However,it is impossible to fulfill the rural "micro-corruption" treatment task with any single legal system.Coordinated "soft and hard treatment" will be the most ideal model for rural "micro-corruption" treatment.
作者
刘宁
LIU Ning(School of Law,East China Normal University,Shanghai 200241,Shanghai,China)
出处
《廉政文化研究》
2019年第5期52-61,共10页
Anti-corruption and Integrity Culture Studies
关键词
乡村“微腐败”
法治反腐
软法
rural micro corruption
anti-corruption by legal means
soft law
