论新时代“枫桥经验”的法治化进路

On the Legalization Approach of "Fengqiao Experience" in the New Era

新时代“枫桥经验”是全面推进依法治国的重要抓手和法治载体。新时代“枫桥经验”在习近平法治思想的引领下,始终深植中国基层法治实践、坚持把传承中华优秀传统法律文化和借鉴国外法治有益成果紧密结合起来,建立健全了“软法治理、柔性化解、源头预防、人民主体”的法治理念。新时代“枫桥经验”独具的法治价值在于推动创造了基层社会的法治范式,创新了自下而上的法治制度供给模式,丰富了当代中国社会基层的法治文化。为进一步推进新时代“枫桥经验”的法治化,应深化软法规范建设,建设更高水平的混合法规范体系;深化柔性执法机制,健全刚柔并济的行政执法体系;深化人民调解制度,完善诉讼与非诉并行的解纷体系;深化人人参与格局,筑牢政社同心的法治共同体。守正创新是“枫桥经验”历久弥新的生命线。守正的关键在于守住平安大家建、矛盾柔性解、风险源头治这三大根本原则不动摇,创新就是在法治框架内不断创新群众工作方法方式,不断创新柔性治理场景,不断创新源头防范机制和科技工具。

The"Fengqiao Experience"in the new era is an important breakthrough and carrier for comprehensively promoting the rule of law.Under the guidance of XI Jinping's thought on the rule of law,The"Fengqiao Experience"in the new era has always been deeply rooted in the practice of rule of law at the grassroots level in China,combined the inheritance of China's fine traditional legal culture with learning from the beneficial achievements of foreign rule of law,and established and improved the rule of law concept of"soft law governance,flexible resolution,prevention at the source,and the centrality of the people".The unique legal value of"Fengqiao Experience"in the new era lies in promoting the creation of the legal paradigm of the grassroots society,innovating the bottom-up legal system supply mode,and enriching the legal culture of the grassroots society in contemporary China.In order to further promote the legalization of"Fengqiao Experience"in the new era,we should deepen the construction of soft law norms and build a higher level of mixed law norms system.We should deepen the flexible law enforcement mechanism and improve the administrative law enforcement system that combines rigidity and flexibility.We will deepen the people's mediation system and improve the judicial system that combines litigation with non-litigation.We will deepen the participation of all and build a community of rule of law in which government and community work together.Maintaining integrity and innovating is the lifeline of"Fengqiao Experience".The key to maintaining integrity is to keep the three cardinal principle of safe public building,flexible contradiction and risk management at the source.Innovation is to constantly innovate the methods and ways of mass work,constantly innovate the flexible governance scenarios,and constantly innovate the source prevention mechanism and scientific and technological tools.