Viewpoint | On the Law Not Responsible for the Public

Abstract: The concept of "law not responsible for the public" has a "long history" in our country, and from the perspective of modern society ruled by law, the main reason for the current "law not responsible for the public" thought is mainly from the conflict of legal values in the real society, the law in the legislative level and the law enforcement level of the deficiency, the law's normative role and social role has not reached a balance point, the existence of "law not responsible for the public" thought for the social development and improvement is a profound obstacles, the realistic basis of the thought of not being responsible for the public is very popular and popular. Therefore, in order to realize the construction of socialist modernization and the rule of law, we must get rid of the basic thought of not being responsible for the public. The path to get rid of the people's thought of not being responsible for the public includes enhancing the people's legal awareness, enhancing the dignity of the law, improving the quality of legislation, strictly enforcing the law according to law, and cultivating the people's legal belief, To achieve good governance and realizing the socialist modernization.

Keywords: the law is not responsible for the operation of the law development of the rule of law social governance

The concept and classification of the 1. law is not responsible for the public.

People's Daily reported a news incident that a large truck transporting oranges on a highway overturned. People near the highway looted the scattered oranges regardless of the danger of high-speed motor vehicles. When public security officers went to the scene to maintain order and dissuade them, the people who looted oranges disagreed with the traffic police's dissuasion and did not think they were illegal, people think, "since everyone is robbing me, it's not a big deal, can we all be arrested?" this incident, such as "Chinese-style crossing the road" and other similar phenomena, fully confirms the idea that the law does not blame the public in society, and the idea of the law does not blame the public is universal among the masses. this is worth us to think deeply about the social problems reflected behind the idea of the law does not blame the public, which should be analyzed and faced positively as legal practitioners.

The Connotation of (I) Law Not Accountability

The law does not blame the public means that when group sex occurs, even if this kind of behavior is not reasonable and legal, it should not be blamed because of the applicable law. Before analyzing the idea of law does not blame the public, we should first decompose the connotations of law, no, responsibility and emphasis one by one. The meaning of "law" determines whether it is reasonable or not, law refers to the enactment law formulated by the legislature on behalf of the state power, or refers to a kind of tacit habitual and non-coercive rule in people's minds. If the law here refers to the normative and coercive law formulated by the legislature in accordance with legal procedures, the law should be held accountable to the public, because the law represents the will of the state, members of society should abide by him so as to achieve the balance of social order and the reasonable division of social interests. If the law here refers to the general rules of life, then the behavior of violating these rules of life can also be regarded as a kind of group behavior, which is not unreasonable and should not be condemned, and there is no condemnation of the subject. The law in which the law does not blame the public should refer to the law with universal coercive force formulated by the legislature, the analysis of the meaning of "no" can be divided into should not, should go and not go. However, the author thinks that it does not mean that we should not go according to the law. The analysis of the meaning of "responsibility" includes what kind of responsibility, legal responsibility, life responsibility and moral responsibility. In the thought that the law does not blame the public, the responsibility corresponds to the law, and the responsibility here should refer to the legal responsibility, the meaning of "public" is relatively simple to analyze. How many people can become public.

Classification of (II) law not responsible for the public

The classification of law not responsible for the public includes the law not responsible for the public in legislative activities and the law not responsible for the public in the process of law implementation. The idea of law not responsible for the public in the legislative process has academic rationality, because law is a general code of conduct, which represents the interests of the majority in society and reflects the will of the state. If an act has a large mass base, then this act represents the interests of the majority, in the process of creating a law, we have to consider the will and interests of all people. Only a law that fully reflects the will and interests of the people can be called a "good law" and promote economic development and social development. In the process of creating a law, it is actually a process of making value judgments. If a law does not reflect the will of the people, it is inanimate, and a law that is divorced from reality is difficult to be implemented in objective reality, laws that are contrary to the will of the people cannot reflect the value of the law and cannot play the social role that the law should have.

In the implementation stage of the law, the idea that the law is not responsible for the public is unreasonable. Since the law is formulated in accordance with the will and interests of the people, all members of society should abide by it. If the law violates the interests of a small number of people, the law should be strictly enforced in accordance with the provisions of the law, instead of relying on the interests of a few people. If the law is not applicable in the face of unreasonable and illegal mass incidents, if you choose other solutions, such a law is just a piece of paper, because the vitality of the law lies in its implementation, and the authority of the law also lies in its implementation. If there is a perfect law, it will not be implemented. Such an objective situation can damage the authority of the law to a great extent, make people not respect the law and believe in the law, and eventually lead to the people's weak legal consciousness and hinder the process of legal construction in modern socialist countries, therefore, in the process of implementing the law, we should abide by the law, strictly enforce the law, and investigate the violation of the law, so as to improve the authority of the law.

Analysis of the Origin of the Thought of 2. Law Not Responsible for the People

The Value Conflict of (I) Law

As mentioned above, the process of legislation is actually a process of making value judgments. The law makes social adjustments and plays a social role. In essence, it balances various interests to achieve a relatively stable state. Due to the individual differences of social subjects, the complexity of social relations and the diversity of social interests in social life, conflicts of various interest groups are inevitable, when the interests of some subjects converge, a group will be formed. Such a group will confront the existing rules that are not suitable for it in order to seek the interests of the group, and will spontaneously form a rule recognized by the group in its own group. This is the essence of the idea that the law is not responsible for the public. As China is currently in a period of social transformation, the conflict of interests of each group will become more and more prominent, and each group is appealing for its own group. At this time, the main body of law making and implementing the country should adjust various interests and choose the value of law, such as the justice value, efficiency value and order value of law. Social managers should not only maintain the authority of the existing law, but also stabilize the social order, it is also necessary to achieve fairness and justice to the greatest extent. This objective reality is a long way to go for legal personnel.

(II) analysis from the perspective of the role of law

The function of law is divided into social function and normative function. The normative function of law refers to guiding and restricting the behavior of ordinary people, making the public conform to the behavior mode set by legal norms, and achieving the social order and economic order expected by the rulers. The role of law in adjusting human behavior is called the normative function of law, the adjustment effect of law on social relations and social order is called the social effect of law. When social managers use law to adjust social relations, they want to balance these two effects. If social managers only pay attention to the social effect of law and blindly emphasize the social effect of law, when certain social contradictions appear, they will blindly choose "social stability" as the adjustment thought instead of paying attention to the normative effect of law, on the one hand, such a negative way of dealing with problems is not conducive to long-term development and long-term stability of the country. We should actively face and solve the problems from the essence and root of the problems. On the other hand, if we do not attach importance to the normative role of the law for a long time and actively and strictly implement the law in accordance with the law, the authority of the law in people's hearts will be reduced, This is also not conducive to promoting the "rule of the whole society", it is not conducive to promoting the country's legal system.

Law has the characteristics of abstraction and stability. This characteristic of law conflicts with the objective social reality. The social subject has special personality and complicated social relations. With the development of the times and the progress of the society, new social relations will arise. If the law is slow and does not produce corresponding supporting laws to adjust the new social relations, then there will be problems that cannot be relied on, at this time, there is no legal restriction when the group pursues its own interests, and it is inevitable to make unreasonable behaviors.

Operation of the (III) Law

The operation of the law includes the formulation and implementation of the law. A good operation of the law can safeguard the interests of the people and maintain a stable social order. Problems in the operation of the law also lead to the emergence of the idea of "the law is not responsible for the public. Law has the characteristics of stability, abstraction and lag. The objective facts in society are constantly changing and concrete. The laws formulated by legislators cannot well reflect the interests of the people, and cannot be accompanied by the emergence of new social relations. New good laws and adjustments to new social relations will lead to the inability to appeal to the interests of the people and lead to the status quo that cannot be followed, the idea of "the law does not blame the public" is inevitable when the people pursue their own interests. From the perspective of the implementation of the law, the non-standard implementation of the law will also lead to the phenomenon of "the law is not responsible for the public". When there are mass incidents in the society and events with a wide range of influence, the enforcers of the law will face the difficulty of obtaining evidence, the difficulty of law enforcement, the lesser degree of violation and other objective factors affect the law enforcers to strictly enforce the law in accordance with the law, in a realistic environment, law enforcers will choose to "seek stability" to avoid the development of mass incidents. In this way, there are laws to follow, but they do not apply the law because of objective circumstances, which will seriously damage the authority of the law and make the public's The belief in the legal system is greatly reduced, which will further promote the spread and development of the idea of "the law is not responsible for the public. "The danger of an unjust, false and wrong case is equivalent to ten crimes." For example, in real life, one time of lax law enforcement will seriously damage the belief in the rule of law cultivated in the minds of the people, leading to the negative denial of the entire legal system, and people choose other The way to appeal to their own interests, the law is eventually abandoned, and the idea of "the law is not responsible for the public" is rampant.

3. the necessity and importance of accountability to the public in accordance with the law

Accountability in accordance with the law is an inevitable requirement for building a socialist country, and it is also an inherent requirement of legal norms. The symbol of a country under the rule of law is that it has a complete legal system. The rulers govern the society strictly in accordance with the law, and the social order operates stably. The rule of law is different from the rule of man. The so-called rule of man is in a society, the operating rules of society are determined by individuals, not by the broad masses, in such a social governance system, due to the limitations of individual thinking and wisdom, it is impossible to balance the various interests of social classes and meet the demands of the vast majority of members of society. Our country has been in a period of perfecting the rule of man in history. The period attaches importance to the role of the legal system in governing the country, but the law has always been used as a ruling tool and a political derivative, with the evolution of history, it has been gradually proved that a huge society cannot achieve stable operation through individual will and realize the values that mankind generally pursues, such as fairness and justice. This requires the stability, standardization and openness of law. It can be used by generations. No matter how the times change, the stable and standardized regulator of law can stabilize the social order and realize the interests and will of the people, accountability in accordance with the law is still the need to cultivate the legal beliefs in the hearts of the people. The best law in a society needs to be tested in practice. It needs to get the beliefs in people's hearts. No matter how perfect the law is, if it is divorced from reality and the masses It is a dead letter. Only by strictly enforcing the law can the social order expected by legislators be achieved and the will and interests of the people can be reflected, only in this way can the authority of the legal system be established in the minds of the people, and members of society can strictly abide by the law, implement the law, and actively promote the construction of a socialist legal country.

References:

[1] Liu Shuo, Causes and Correction of Law Not Responsible to the Public [D], Nanjing Normal University, 2016.

[2] Xie Peifeng, on Blaming the Public according to Law: Weighing the Law Not Blaming the Public and the Law Must Blaming the Public [D], Yangzhou University, 2014.

[3] Wang Zhongjie, the concept of not blaming the public and its influence [D], Tibet University for Nationalities, 2017.

[4] liu huan, thinking triggered by the law not being responsible for the public [j], legal studies, 2013.