共识、分歧与转向:法治宣传教育地方立法的实践探索与立法完善——基于24个省级法治宣传教育立法文本的考察

Consensus,Disagreement and Turning:The Practical Exploration and Legislative Improvement of Local Legislation for Publicity and Education in the Rule of Law--Based on the Investigation of 24 Provincial-level Legislative Texts involving Publicity and Education in the Rule of Law

目前我国很多地方进行了法治宣传教育地方立法的实践探索。通过对24个省级法治宣传教育立法文本的考察,可以发现:法治宣传教育地方立法在构建国家与社会多元主体联动的责任体系,坚持全民覆盖与重点突出有机统一,构建体系化的推进制度,注重提供有力保障,彰显地方特色等方面取得了经验共识;在接受法治宣传教育的法律属性、农民在法治宣传教育中的对象定位、法治宣传教育的激励机制等方面存在立法分歧。今后完善法治宣传教育地方立法应充分尊重和保障法治宣传教育中的公众参与权,有序拓展法治宣传教育的领域,着力推进法治宣传教育的方式方法创新。法治宣传教育地方立法属于创制性立法,其为今后国家制定《法治宣传教育法》提供了可资借鉴的宝贵经验。

At present,many places in our country have carried out the practice exploration of local legislation for publicity and education in the rule of law.Through the inspection of 24 provincial-level texts involving local legislation for publicity and education in the rule of law,it can be found that the local legislation for publicity and education in the rule of law have achieved consensus on building a responsibility system for the linkage between the state and multiple social subjects,adhering to the organic unity of universal coverage and emphasis,building a systematic promotion system,focusing on providing strong guarantees,and highlighting local characteristics.Legislative disagreements arise in the aspects of the legal nature of accepting publicity and education in the rule of law,the object orientation of farmers in publicity and education in the rule of law,and the incentive mechanism of publicity and education in the rule of law.In the future,to improve publicity and education in the rule of law,local legislation should fully respect and protect the right of public participation in publicity and education in the rule of law,orderly expand the fields of publicity and education in the rule of law,and strive to promote the innovation of ways and methods of publicity and education in the rule of law.Local legislation for publicity and education in the rule of law belongs to the creative legislation,and it provides valuable experience for promoting the future national legislation,namely the enactment of Law on Publicity and Education in the Rule of Law.