信访制度改革中的两难问题:实质与解决方向

The Rule of Law, the Party's Mass Line and Dilemma in Implementation and Reform of Xinfang System: Essence and Resolution

实现法治化与坚持群众路线是信访制度改革的两个基本方向。虽然这两个方面因同被推崇而理应兼容且相得益彰,但对这二者的同时强调却可能形成实践中顾此失彼、左右失据的两难问题。这个两难问题的实质是既有相关讨论形塑的对法治化的信访运作过程的设想与在群众路线传统下作为群众工作的信访工作各自背后的理念间的不一致、不兼容,更具体讲即守法主义的法治与群众路线各自立场、观点及讲求的工作方法间的不一致、不兼容。要解决这个两难问题需就与群众路线的立场与观点一致的法治发展出在实践中更具可操作性的中观理论化阐述。

As authoritatively designated directions for reforming Xinfang System, advancing the rule of law and following the Party＇s mass line should have been complement each other. However, equally emphasizing on both directions resulting in a dilemma between act according to the rule of law and adhering to mass line in implementing of Xinfang system or Xinfang work, of which essence is incompatibility between the ideas behind the different discourses corresponding to above two directions respectively, or specifically incompatibility between the concept of rule of law based on Legalism on the one hand, and the political stance, views, and methodology declared by mass line on the other hand. To resolve this dilemma, practically operable middle- range theories on socialist rule of law with Chinese characteristics are required.