当代中国的社会法治教育反思

Reflection on the Social Legal Education of Contemporary China

从1986年开始,我国在蓬勃发展的普通法学教育的基础上,开展了以"全民普法"为主要形式的面向全民的社会法治教育,这种社会法治教育如今已经从"一五普法"到达"五五普法"阶段。可是,20多年过去了,我国党政官员的法律意识和法治观念的提高在实践中并没有充分地体现出来。反思我国的社会法治教育,我们不难发现,从教育对象来看,以全体公民为对象而没有特别突出党政官员,忽视对道德和法律"底线意识"的培育,道德教育意识形态化等乃是其根本的缺陷。因此,我国的社会法治教育应该实现以我国党政官员的法治教育为重点,以法律意识的培育为核心,强化党政官员的法律底线意识,以符合现代民主、法治和宪政的精神实质与原则诉求的现代人即"公民"为最终目的追求等几个方面的主题转向。

From 1986, China has practiced the policy of social legal education to all the nation on the basis of the prosperous common legal education, hut it has not got the social and legal purposes which governments had been hoping to although 20 years has passed through five ＂ Five-Year Knowledge Popularization of the Law＂. The improvement of the legislation awareness of the officials of the governments and the parties was not obvious at all. Reflecting on this situation, we may find that there may be a few causes of this consequence. The officials of the governments and the parties are not specified to receive basic ideal education; the consciousness of the basic rule is neglected; and the ethic education is idealized. So, we have to transform a few important factors on the social legal education in China today, like attaching great importance to the legal education of the officials of the governments and the parties, taking the cultivation of legal awareness as the core, strengthening the conscious- ness of the basic rule of cadres and governors, thus meeting the spiritual essence of democracy, the rule of law, and constitutionalism.