中国有法不依

电脑屏幕上的画面是令人震惊的:一个男人,躺在医院的病床上,他的头上绑着绷带,血不断地从他的头顶上淌下来。这个人,现在坐在我身边,轻描淡写地解释说:“当然我必须依然保持对中国法制的信心,尽管我必须承认这次事件在某种程度上使我不再那么乐观了。”

这次“事件”发生在去年十二月份,他和另一个律师坐车去准备一位失明、自学成才的法律激进分子的再审事宜。那位激进分子因为揭发了当地计划生育主管部门滥用权力的行为后受到了当地政府的设计陷害。当这两位律师坐在一辆公共汽车上时,一群人,其中的一些手里挥舞着金属管,上了车把他们毒打了一顿。

尽管没有受很严重的伤,但是这件事反映了中国法律制度自相矛盾的地方,那就是,在过去二十年间,中国颁布了数百部法律,并且把“依法治国”提到意识形态和宪法上高度重视的地位。社会上对于法律的认识达到了前所未有的水平。上个星期,中国最终通过了期待已久的物权法,从而确立了私有财产的地位,对此政府称之为“国家推动法治建设的重要进展”。

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