要解构和反思“普法”这个关键词,不妨首先对普法工作中频频提及的“依法治国”这个概念作一解析,因为这关涉到“普法”的基本价值取向。 依法治国的关键首先就是依法治“吏”而不是依法治“民”,这已是法学界达成的基本共识,中央有关高层领导也有类似讲话。法治的重点对象理应是作为公共权力行使者和公共事务管理者的各级官员。然而,依然有不少领导干部将依法治国误读为“依法治民”,只要自己辖区的老百姓被法令管得老老实实、服服贴贴,不上访、不闹事就可高枕无忧地稳坐官位。这种将法治视为约束和管制老百姓的思维定势其实是带有封建专制色彩的法律工具主义的体现,显然与“遏制公共权力和保障个体权利”的现代法治理念格格不入。 To deconstruct and reflect on the key words of “popularization”, we may first analyze the concept of “governing the country according to law”, which is frequently mentioned in the law popularization work, as it relates to the basic value orientation of “popularization law.” The key to governing the country according to law is to “rule the officials” according to law rather than to “rule the people” according to law. This is the basic consensus reached by the legal profession. The central authorities have also made similar speeches on the top leaders. The focus of the rule of law should be officials at all levels as public-power agents and public affairs managers. However, many leading cadres will still misunderstand the principle of governing the country according to law as “rule the people according to law,” and as long as the people in their own jurisdiction are duped and protected by the law, they are able to sit back and relax without any troubles . This thinking of rule of law as a constraint and control of the common people is actually a manifestation of the legal instrumentalism with feudal autonomy and apparently incompatible with the modern concept of the rule of law that “curbs public power and protects individual rights.”