“信访不信法”的根源探析

On Causes of Beliefs in Letters and Visits instead of Laws

目前,在我国"信访不信法"的现象相当普遍。有效遏制甚至杜绝这种"信访不信法"现象的滋生和蔓延,首先必须厘清"信访不信法"的根源。"信访不信法"的根源至少包括以下几个方面:传统儒家法律思想和人民群众法律信仰的缺失是"信访不信法"的思想根源;违法执法是"信访不信法"的社会根源;信访的收益与成本之比率高于诉讼的收益与成本之比率是"信访不信法"的经济根源;上级政府对下级的"信访一票否决"是"信访不信法"的制度根源。

It is quite universal in China that people believe in letters and visits instead of laws.To eliminate and eradicate the growth and spreading of such phenomenon,we have to know the roots of such belief.Firstly,the lack of Confucian legal thought is the ideological root of such belief.Secondly,the illegitimate of execution of laws is the social root of such belief.Thirdly,the cost of letters and visits is obviously lower than that of a lawsuit.And fourthly,the one-ticket veto of the higher government against its lower one is the root of system of the belief.