法治话语下的情法矛盾及现实面向——以电影《我不是潘金莲》为分析样本

Contradictions Between Emotion and Law and the Realistic Orientation in the Discourse of Rule of Law: A Case Study of the Movie I Am Not Madame Bovary

在全面推进依法治国总目标的时代背景下,法治实践中还存在诸多情法冲突。通过对电影《我不是潘金莲》的分析,有助于厘清情法矛盾发生的原因及现实面向。运用法社会学的分析方法可知:受特定文化氛围及传统官民关系的影响,民众法治观念依然淡薄,对于“冤屈”有着不同于法治逻辑的理解,且带来一系列矛盾冲突。主要表现为制度期盼与体制不能之秩序冲突、评价法官公正与否之价值冲突以及执政党执政为民与依法治国之社会冲突。对此,只有全面分析法治语境下的现实境况,方能就缓和情法矛盾提供对策和方法。

Under the background of the thorough improving ruling the country by laws in China, there are still many conflicts between the emotion and the law in the practice of rule of law. It could be helpful to clarify the causes of the contradiction and the realistic orientation based on the analyzing the movie I Am Not Madame Bovary. The current paper adopted the method of the law of sociology. The results showed that because of the influence of specific cultural and traditional relationship between officials and civilians, civilians had the less consciousness on the rule of law, and different understandings in the logic of rule of law, which led to a series of contradictions and conflicts which mainly manifested in the orderly conflict between people’s expectation of institutional and the impossibility of the institution, the value conflict of the judge’s impartial evaluation, and the social conflict between the governing party and the rule of law. Therefore, only by comprehensively analyzing the actual situation in the context of the rule of law could we provide countermeasures and methods to ease the contradiction between the emotion and the law.