论扫黑除恶与矫治“法不责众”

On the Elimination of Evils and Correction of “the Law Does not Punish Numerous Offenders”

我国法律对社会成员具有普遍约束力。所谓"法不责众"只不过是少数违法分子自行壮胆、自欺欺人的托词,但作为一种社会心理和社会现象,"法不责众"一定程度上确实存在,这也是法律适用的疑难点之一。以群体违法犯罪为基本特征的黑恶势力犯罪的生成和滋长与"法不责众"有一定关联,开展扫黑除恶专项斗争有利于矫治"法不责众"。在扫黑除恶中要采取多种措施,克服与摆脱"法不责众",包括:完善立法,协调"法"与"众"的冲突,解决有法难责众、无法可责众问题;扫黑除恶要坚决贯彻"打早打小"策略,扼制黑恶势力从寡到众、从小到大的演化;对黑恶势力的侦查取证要深入发动群众,应强化扫黑除恶法治宣传,树立社会主义法律信仰,让人民群众认识到法律应当而且可以责众。

The law of our country has a general binding force on all the members of the society.The so-called"the law does not punish the public"is only a pretext for a few lawbreakers to be brave and deceive themselves.However,as a social psychological and social phenomenon,to some extent,"the law does not punish the public"is also one of the difficulties in the application of law.The formation and growth of the crimes committed by the black and evil forces with the basic characteristics of group crimes are related to"the law does not blame the public".The special struggle against the crime of eliminating the black and evil is conducive to the correction of"the law does not blame the public".Various measures should be taken to overcome and get rid of"the law does not punish the public",including:improving legislation,coordinating the conflict between"the law"and"the public",solving the problems of those who are not responsible for the law;firmly implementing the strategy of"fighting against the small early",restraining the evolution of the black forces from the few to the public,from the small to the large;deeply launching the group for the investigation and evidence collection of the black forces Many people.It is necessary to strengthen the propaganda of eliminating the evil and the rule of law,establish the socialist legal belief,and let the people realize that the law should and can be held responsible for the public.