论法治建设中的运动型思维——对我国法治路径的合理性反思

On the Campaign-style thought in the Construction of Rule by Law ——Rethink the Rationality of Rule by Law Path in China

运动型思维支配下的法治活动有针对性强、集中整治和收效快的特点,在维护社会秩序、打击违法行为方面有一定的规模效用和即时效果。但从根本上看,运动型思维与法治理性、法治规律存在一定冲突,甚至可能会误导、姑息某些违法行为,破坏法律适用的平等性。所以,在转型社会之中国应逐步摒弃运动型思维和法律实用主义思维,回归稳健、规范和持续的法治理性之路。

Under the control of the Campaign-style thought,the activities of rule by law are provided with the characteristics of targeted,centralized management and fast effect;Have a certain scale of utility and instant effect in the maintenance of social order, crack down on illegal behavior.But in essence,there are some conflicts between the sports thinking and rationality of ruling by law, the principle of rule by law,and may even be misleading,some of the illegal behavior of palliative;Equality is breaking the law ap- plicable.So in the social transformation of China shall gradually abandoned the campaign-style governance and legal pragmatism thought;Regress with robust,specification and continuing legal and rational way.