习近平法治思想中“全民守法”的涵义、困境与出路探讨——考察宁波法治社会进程的一个维度

Discussion on the Meaning, Dilemma and the Way Out of Xi Jinping’s Thought of National Law-Abiding--A New Dimension for Examining the Local Ruling-by-Law Process

习近平法治思想新"十六字方针"强调全民守法对于考察地方法治进程提供了一个全新的维度。全民守法不应该作为排在立法、执法、司法之后的末梢关节,而应该是法治社会的根基。以宁波市为例,党的十八大以来在"全民""守""法"等领域都有明显的进步,但其中也暴露出普法效果面临时代局限性、法律工具主义依然盛行、对法律认同存在偏差、公民权利滥用苗头凸现等问题,出现这些问题的原因可能是对规则的理性认同不足、德治与法治的融合不足、个体社会责任缺失与公民意识薄弱等。未来应该以提升普法理念、促进多样化法形式的交融、健全社会信用体系、完善社会治理参与机制为突破口,将全民守法视作撬动法治社会再上新台阶的"阿基米德支点",真正步入法治新时代。

Xi Jinping’s new "16-character policy" of ruling-by-law emphasizes that the national law-abiding provides a new dimension for examining the local ruling-by-law process. The national law-abiding should not be after the legislation, law enforcement, and justice, but serve as the foundation of society ruled by law. With Ningbo City as an example, since the 18 th National Congress of the Communist Party of China, it has made significant progress in the fields of "all the people","abide"and "law", but there comes out a lot of problems, for example, the effects of law popularization are faced with the limitations of the times, and legal instrumentalism is still prevalent, there is deviation of identity in laws, and there emerges the abuse of civil rights, which may be due to insufficient rational identification of rules, insufficient integration of rule of virtue and rule of law,lack of individual social responsibility and weak civic awareness. In the future, we should take upgrading popularization of the law, promoting the integration of diversified laws, improving the social credit system, and strengthening the social governance and participation mechanism as a breakthrough, and regard the national law-abiding as the"Archimedes fulcrum" that lifts society ruled by law to a new level so as to step into a new era of the rule of law.