论法治信仰的困惑、成因与完善——以秋菊和李雪莲的困境为例

On the puzzlement,cause and perfection in rule of law——Taking dilemma of Qiuju and Li Xuelian as an example

推进全面依法治国方略要求信仰法治、崇尚法律,但实践中存在秋菊和李雪莲式的困惑如何破解、因新的法律秩序构建与旧的准行政秩序之间的博弈、“依法解决”的高成本与“私自救济”的低成本之间博弈、司法解决机制受网络环境下舆论制约等法律缺位,法治信仰不足的问题。为此,以“民”为中心的良法善治,司法者坚守法治、提升司法公信力,加强以宪法为核心的法制教育是树立法治信仰的有效途径。

Promoting the overall rule of law requires belief in the rule of law and advocating the law,but in practice there exist many problems such as how to solve Qiuju and Li Xuelian’s puzzlement,the game between the construction of new legal order and the old quasi-administrative order,the game between the high cost of“solving by law”and the low cost of“private relief”,the judicial settlement mechanism being restricted by public opinion in the network environment,and insufficient belief in the rule of law,etc.It is an effective way to establish the belief in the rule of law with the people as the center,to uphold the rule of law and to enhance the credibility of the judiciary,and to strengthen the legal education with the constitution as the core.