冲突与衡平:乡村“微赌博”治理研究——以D县法院100份调查问卷为样本

Conflict and Equity: Research on Rural "Micro-gambling" Governance

调查显示,中国乡村"微赌博"在部分地区较为盛行,运动式惩办、因应式惩治和过度依赖刑法手段的治理方式难以应对。乡村"微赌博"与"半熟人社会"结构下乡村失序的自治失效、乡村道德观"嬗变"的德治失灵、治理手段单一且力有不怠的法治失策有关。其治理困境在于基层组织难有作为导致的自治不畅,乡村道德文化体系崩塌导致的德治不畅和过度依赖刑罚手段导致的法治不畅。应遵循事前预防、事中控制和事后治理的逻辑轨迹,探索多元共治,以"三治融合"为基本思路;乡序重构,以多方参与为治理关键;事后惩办,以"法治"为最低道德底线的治理衡平思路。

The investigation shows that "micro-gambling" is prevalent in some areas in China’s rural areas, and it is difficult to deal with the methods of sport-style punishment, adaptive punishment and governance that rely too much on criminal law. Rural "micro-gambling" is related to the failure of rural self-governance under the structure of "semiacquaintance society", the failure of moral governance under the "transmutation" of rural morality, and the failure of the rule of law under the unitary and effective governance. Its governance dilemma lies in the poor autonomy caused by the failure of grass-roots organizations, the poor moral governance caused by the collapse of rural moral culture system and the poor rule of law caused by excessive reliance on penalty means. It is necessary to follow the logical track of preprevention, in-process control and post-treatment, and explore multiple co-governance and to rural reconstruction and multi-participation as the key governance; Afterwards punishment, with the "rule of law" as the lowest ethical line of thought for the governance horizontal.