信法不信访——路易岛渔民环境抗争的行为逻辑研究

Believing in Law instead of Petition——Research on Action Logic of Right-defending by Fishermen in Luyi Island of Penglai City

法律与信访都是底层环境抗争的基本工具,但中国民众更青睐于后者,甚至形成了"信访不信法"的格局。这种局面的产生既源自无讼社会的文化基因,也受司法困境的现实驱动。而蓬莱19-3溢油事件后,渔民的行为逻辑具有鲜明的"信法不信访"特征。这种格局的产生具有特定的社会机制,一是普通渔民不懂信访,二是农村精英对信访困境具有深度反思,三是源自对参照群体的比较,四是依法抗争保证了抗争维权的合法性。研究表明,"信法不信访"的格局并非因为渔民法律意识高,但它依然具有重要的现实意义,有利于青天思想的淡化与消弭,有利于法治社会建设的推进。当前,需要创造适宜的社会机制,引导"信访不信法"向"信法不信访"转型。在此,推进司法改革与司法独立尤为迫切。

Law and petition are the fundamental tools used by grass-root class to defend their rights when environmental incident occurs, among which Chinese people prefer the latter, hence the saying of ＂believing in petition instead of law＂. On one hand, this situation results from the traditional ideal of a litiga- tion-free society; on the other hand, it is driven by the reality of legal predica- ment. After the oil leakage accident of Penglai No.19 3 Oilfield, the action logic of fishermen was marked with clear characteristic of ＂believing in law instead of petition＂. This change was based on specific social system： firstly, the ordinary fishermen were not aware of petition; secondly, rural elites made profound intro- spection on petition predicament; thirdly, it is a result after the comparison with reference groups; fourthly, defending rights by law ensured the legitimacy of their action. According to studies, the appearance of ＂believing in law instead of petition＂ doesn＇t necessarily mean that the fishermen have a sharp consciousness of law. However, it is still of important realistic value, which can help weaken and eliminate the idea of depending on just authority, as well as promote the con- struction of a society ruled by law. Currently, an appropriate social system is to be created to transform ＂believing in petition instead of law＂ into ＂believing in law instead of petition＂, which makes the promotion of judicial reform and judi- cial independence an urgent need at the moment.