浙江社会科学

由于很多人奉行实用主义的法律观,因而对法律缺乏足够的尊重和信任,运用法律表现出了随意性,不想用就走"上访"、"闹访"之路。当"上访"、"闹访"成为严重的社会问题以后,直接导致了法律权威的失落。这表明法治思维和法治方式还没有成为化解社会矛盾的主要方式,人们的思维方式还存在着诸多的冲突。"我不是潘金莲"本来是一个道德判断,由基层社会组织就可以解决,然而却在现实的法律规范与道德规范、法律制度与信访制度、政府与司法机关之间来回翻转,最终也没有使矛盾得以化解。这既是个人的悲剧,又是信访制度、法律制度,乃至于法治的悲哀。

Now a lot of people "dally with the law and use the law".They pursue a practical view of law.And under the practical view on law, they dominate the use of law.The use of law shows randomness.When they do not use the law, then they use the way of the petition of "appeal to the higher authorities for help"and"make trouble out of nothing of the appeal to the higher authorities for help". When the petition of "appeal to the higher authorities for help" and "making trouble out of nothing of the appeal to the higher authorities for help" become a serious social problem, it directly leads to the loss of legal authority. This shows that the thinking of rule of law and the mode of the rule of law has not become the main way to resolve social contradictions, the thinking of people still have many conflicts. "Be or not the Pan Jinlian" is a moral judgment.It can be resolved by the grassroots social organizations, but it reversed between legal norms and moral norms, legal system and the petition system, the government and the judiciary, ultimately it did not be resolved. This is her personal tragedy, and this is the tragedy of petition system, legal system, and the rule of law.