浅析领导干部消极法律心态的文化成因

Analysis on the cultural causes of the leading ladres' negative legal attitudes

在我国“依法治国”的实践中,一些领导干部对法律持有明显的消极抵触的心态,严重阻碍了我国法律建设的进程。领导干部消极法律心态的文化成因主要有:一、传统文化是一种集权文化,它造就了君权至上的传统,使人们普遍“重权力,轻权利”。以至于以“权力信仰”取代了“法律信仰”;二、传统文化是一种“圣贤”文化,是“法律治民不治官”和“轻程序”等诸多不良价值观念的思想源头;三、传统文化是一种“人伦文化”,是当今关系网盛行和“重情轻法”价值观念的历史渊源;四、传统文化是一种“中庸”文化,是当今社会“轻法贱讼”等“非讼”思想的文化根源。因此,依法治国必须彻底摈弃封建的法律文化,培育与市场经济相适应的现代化的法律文化。

Some leaders,in our country's practice of 'run country by law' ,openly show negative psychological dispositions which seriously holds back our country's law-system constructing process.My paper analyzes the cultural causes of the leaders' negative psychological dispositions:lst,our traditional culture was a centralization-oriented culture which surely led to 'the supreme monarchical power' which upwards made people 'stress power and belittle rights' ,and the ill practice ended up with 'power faith' instead of 'law faith' ;secondly,our traditional culture was an 'elitist' culture which is the historical roots of many bad views of value,including 'The law punished only the common people,not the elitists'and 'belittled procedures' etc;Thirdly,our traditional culture was an 'ethical' culture which is the historical roots of today's views of value of 'stress relationship and belittle law' which leads to today's relationship net:Fourthly,our traditional culture was 'the golden mean' culture which is the historical root of today's 'out-lawsuit' thought of 'belittle law and lawsuit' .Therefore,ir we intend to run our country by law,we must get rid of the feudal law culture thoroughly and try actively to nurture a modernized law culture co-operating with the market economy.