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对于鄂西地区不断加剧的仪式性人情异化问题,当地纪委印发“红头文件”进行专项治理。然而,围绕“红头文件”产生了一系列“争议”。这恰恰蕴含了基层法治两个重要的实践问题:一是合法性与有效性的冲突,即在基层社会国家权力的运作如何能同时满足合法性与有效性的要求;二是针对基层法治复杂性的冲击,如何认识并回应冲击,改进基层执法的过程与实效。面对合法性与有效性的冲突,公权力需要在有所作为的前提下,时时自省、处处审慎;面对基层法治的复杂性,基层政府应当对各种“争议”保持敏感,正视矛盾,进而致力于将人民群众的拥护建制化,强化国家权力建设的某些方面。在广义的基层执法中,对这两个实践问题的有效处理和应对,在实质意义上能够促成基层法治的生成。
For the ever-worsening ceremonial alienation in Western Hubei, the local Commission for Discipline Inspection issued the “red-headed document” for special treatment. However, a series of “controversies” have been generated around “red-headed documents.” This contains precisely the two important practical problems of law and order at the grassroots level. The first is the conflict between legitimacy and effectiveness, that is, how the operation of state power in grass-roots society can meet the requirements of legality and effectiveness at the same time. Second, How to recognize and respond to the impact and improve the process and effectiveness of grassroots law enforcement. In the face of the conflict between legitimacy and effectiveness, public power needs to be self-conscious and cautious whenever it does something. In the face of the complexity of law and order at the grassroots level, the grassroral government should remain sensitive to all kinds of disputes Contradictions and then devoted themselves to institutionalizing the support of the masses of the people and strengthening certain aspects of the construction of state power. In the broad sense of law enforcement at the grassroots level, the effective handling and response to these two practical problems can, in a substantive sense, lead to the formation of the rule of law at the grassroots level.