摘要
自新型冠状肺炎疫情暴发以来,全国上下积极配合各级政府的疫情防控工作,使新型冠状肺炎疫情得到了有效防控,在这场没有硝烟的抗疫战争中取得了阶段性胜利,经济生产和生活秩序逐步得到恢复。然而,在代表公权力的广大社会组织动员社会力量遵守疫情防控指南、响应党中央疫情防控政策的过程中,发布了一些"雷人"的抗疫标语。这些标语虽然在一定程度上提高了普通群众的抗疫意识,却反映出我国新时代的法治文化在普通群众中的渗透率有待提高,普通民众的法治思维有待准确建立,根源在于新时代德法共治治理模式受到古代"德治法治"文化的左右及扰乱,主要表现在公权力的错用、程序正义和实质正义的错位以及良法错治等三个方面。为了进一步营建"合法、合情、合理"的法治文化,帮助普通民众建设"依法办事、靠法化事"的法治思维,要在治理中融入社会主义核心价值观,充分发挥新时代法治与德治相互融通、互相助益的作用。
Since the outbreak of the epidemic of new-type coronavirus pneumonia(COVID-19), under the leadership of the Communist Party of China and the Chinese government, the whole country has actively cooperated with the epidemic prevention and control work of governments at all levels, so that COVID-19 has been effectively prevented and controlled. It has won a phased victory in the war of anti-epidemic without gunpowder smoke, and the order of economic production and life has been gradually restored. However, in the process of mobilizing social forces to abide by the guidelines for epidemic prevention and control and responding to the policies of the Party Central Committee on epidemic prevention and control, social organizations representing public power issued some "shocking" anti-epidemic slogans. Although these slogans have improved the antiepidemic awareness of ordinary people to a certain extent, they reflect that the penetration of the rule of law culture in the new era needs to be improved among ordinary people, and the rule of law thinking of ordinary people needs to be accurately established. The root of this lies in the fact that the governance mode of the rule of law by virtue in the new era is influenced and disturbed by the ancient "rule by virtue and rule by law" culture, which is mainly manifested in the misuse of public power, the dislocation of procedural justice and substantive justice, and the wrong governance of good law. In order to further build a "legal, justifiable and reasonable" culture of rule of law, and help ordinary people build a legal thinking of "doing things according to law and relying on law", we should integrate socialist core values into governance, and give full play to the role of mutual accommodation and mutual benefit between rule of law and rule of virtue in the new era.
出处
《政法论坛》
CSSCI
北大核心
2021年第3期83-93,共11页
Tribune of Political Science and Law
基金
中国政法大学科研创新项目(项目编号:20ZFY75003)资助
中央高校基本科研业务费专项资金资助。
关键词
法治文化
法治思维
雷人标语
公权力
程序与实质正义
良法善治
Rule of Law Culture
Rule of Law Thinking
"Shocking"Slogans
Public Power
Procedural and Substantive Justice
Good Law and Good Governance