对“严打”政策的理性再认识

Further Rational Knowledge on “Strike-Hard’ Campaign

当前 ,理论界和实务界对“严打”持三种不同的态度 :不应当“严打” ;应当“严打” ;应当“严打”但要有节制。通过对“严打”决策过程、目的、成本、效益、效用及其与法治的关系等分析 ,我们发现 :“严打”自身理性存在问题 ,“严打”活动难以实现“严打”目的 ,“严打”的成本与效益比相当高昂 ,随着法治建设的推进 ,“严打”与法治处于尖锐的对立 ,而“严打”得以推行的根本原因却在于“严打”就是专政 ,它在巩固人民民主专政政权和维护党的政治权威上具有实质意义。因此 ,基于“严打”就是专政的认识 ,“严打”政策应当进行理性改造。

At present, there are three different attitudes towards “strike-hard” campaign: for it, against it, for it but with some restrictions. By analyzing its decision-making process, purpose, cost, benefit, effectiveness and its relationship with ruling by law, we found there exist some rational problems. With dictatorship essence, “strike-hard” campaign is of great importance to consolidate political power of the people’s democratic dictatorship and maintain the political authority of our party. However, its cost can’t be proportional to its benefit, thus its aim is hard to achieved. With the further development in the construction of ruling by law, the severe antithesis between “strike-hard’ campaign and ruling by law has arisen. Due to the above reasons, the policy of “strike-hard’ campaign should be changed rationally.