法治冷漠生成及其应对

On the Expression,Generation and Response of the Rule of Law Indifference

在法治国家、法治政府和法治社会建设不断推进和公民法治意识不断提升的同时,部分民众和群体中仍然存在着不同程度的法治冷漠问题。在心理层面上,法治冷漠表现为特定主体不同程度地对法律公正性认同不够、法治信仰不足、法治意识淡漠、法治思维缺失;在行为层面上,法治冷漠表现为特定主体主动寻求法律以外的手段来解决权利诉求问题。法治冷漠的生成,既与我国经历漫长礼俗社会的历史导致法治传统缺失有关,也与现代法治国家建设过程中忽视法治精神培育、法治文化塑造、既有法治运行成效不佳和一小部分以党政领导干部为主体的"关键少数"的以言代法、以权压法、以身试法有着密切关联。法治冷漠在很大程度上阻碍了法治化的发展进程,需要通过强化法治精神的培育、法治文化的塑造、切实提高法治运行绩效和保障"关键少数"严格尊法守法等途径加以应对和化解。

While the construction of a country under the rule of law,a government under the rule of law and a society under the rule of law have been continuously promoted and citizens＇ awareness of the rule of law has been constantly enhanced,there are still some problems of indifference to the rule of law in some people and groups.On the psychological level,the indifference of the rule of law is manifested by the insufficient recognition of legal justice,the insufficient belief in the rule of law,the indifference of the consciousness of the rule of law,and the lack of the thinking of the rule of law.On the behavioral level,the indifference of the rule of law is manifested by the specific subject＇s initiative to seek means other than the law to solve the problem of rights.The emergence of indifference to the rule of law is not only related to the absence of the tradition of the rule of law caused by the long history of the etiquette and custom society in China,but also to the neglect of the cultivation of the spirit of the rule of law,the shaping of the rule of law culture,the ineffective operation of the existing rule of law and a small number of ＂key minorities＂ with the leading cadres of the party and government as the main body in the process of building It is closely related to the law of generation,the press of power and the method of trial.The indifference to the rule of law has hindered the development of the rule of law to a great extent.It needs to be solved by strengthening the cultivation of the spirit of the rule of law,shaping the culture of the rule of law,improving the performance of the rule of law and ensuring that the ＂key minorities＂ strictly respect the law and abide by it.