In the movie "I'm Not Pan Jinlian"，Li Xuelian started to prove that he was a "fake divorce"，Later, in order to prove that he was not the "Pan Jinlian" in the ex -husband Qin Yuhekou, he appealed three times and five times，Leaders at all levels to calm their petitions to use their best solutions，Leave a deep impression on the viewer。Of course，Literary works will inevitably have exaggerated colors，But art originated from life，It is the phenomenon of petitions for writers、The screenwriters provide the material of imagination creation。

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　　Existing limitations

Why do many people "letters and visits the law"? This question seems simple, but it is difficult to answer。If the answer is attributed to the Chinese people's long -term power worship complex for "Grandpa Qingtian"，The explanation of this cultural decision theory will cover more problems worth thinking about。Actually，Trusting law means people have full confidence in achieving "justice within the law"，It means that people are full of confidence in "procedural justice" and "physical justice" in the "legal empire" (Devin)。

At the same time，The operation of modern law is based on the band -layer system，Highly pursuing the ideal of "sectionalization of the rule of law"，Emphasize all social contradictions and disputes into "closed operation，Cognitive Opening "legal system for processing，High professionalism (legal person group)，Highly technicalization of logic (legal thinking)，High regularization of processing process (legal procedure)，High division of labor Bet365 app download (public prosecution and other agencies)。In short，This is a kind of professionalization、institutionalization、Treatment mode based on division of labor，It aims to ensure that people’s "standardized expectations" are constantly giving birth，Ensure that the justice within the law is realized。But，"Sectionalization of the rule of law" seems to be authoritative professional，But there are also shortcomings。For example，Li Xuelian is "real divorce" or "fake divorce" is actually not within the scope of the rule of law，As long as the requirements of divorce are compliant, the corresponding legal effect will be produced，As for whether Li Xuelian is "Pan Jinlian"，It is also impossible to effectively solve it in the framework of the rule of law in tend -to -law，Even Qin Yuhe has assumed civil liability for apologizing，The law cannot distinguish the real quality of Li Xuelian。

Although the movie uses artistic techniques，But in reality, there are similar stories that happened。For example，Foreign -married female petition phenomenon for many years，The root cause is that farmers in many places still hold the old concept of "the daughter who marrys out like splashed out"，Then use the statutory procedures of the villagers' conference to eliminate the qualifications of collective members who should enjoy the maternity.。Because the decision -making procedure meets the law，Follow the principle of "a minority obedience most"，In this case，Even if there are big grievances, even if you marry women，The court is also difficult to do，Once involved, it is the improper interference of the villagers' autonomy，Therefore, there seems to be no other way except the case is not accepted。For this，Women who marry outside have carried out Bet365 lotto review rights through letters and visits，The pressure was passed to the township government at the grassroots level at this time。As a "bottom subject" as a solution to the problem，Township governments often mobilize representatives of party members and cadres and villagers，Through "movement with love、persuasion of Xiao Zhi "，Try to make rural collective economic organizations change its collective interest allocation plan，To promote the mutual understanding of the marriage girls and other villagers。

The above example indicates，"Justice within the law" at least in China is not the only way to realize justice。In addition，Another way of implementation is also worthy of attention，The author calls it "foundation justice"。Just like the "bottom clause" in the law，If it is clear that the situation of the list is equivalent to the sphere of influence of "justice within the law"，So other circumstances that cannot be clearly listed (nor cannot be clearly listed) are equivalent to the sphere of influence of "foundation justice"。In other words，"Fundamental Justice" aims to solve the "remaining problem of the rule of law" that cannot enter the legal channel。

　　How to achieve "Fundamental Justice"

Specifically，The understanding of "bottom of the pocket" can be cut in from the following four aspects。One is the bottom of the pocket。Generally speaking，Party committees and governments at all levels are the main bottom institutions，Because the party committee has grasped important organizational resources, especially personnel rights，and most of the other governance resources are concentrated in the hands of the administrative agency，Therefore, party committees and governments at all levels have resources、It is more capable of dealing with the difficult bet365 live casino games problems of "filtering" the rule of law "filtering"。From another perspective，The responsibilities of party and government agencies in various places require them to bear the corresponding work work，more to the grassroots，The more obvious the nature of the related work。

The second is the affairs of the pocket。Which transactions need to be listed in a list，This is the deserved meaning of the "bottom clause"。The specific scope of the bottom of the transaction，On the one hand, it depends on the development level of the rule of law。Dangdian rule of law、When the Smart Court has developed a lot of development，The matters that can be handled by the rule of the rule of law will be more and more，The corresponding scope of the transaction will be greatly reduced。But on the other hand，Some new contradictions are gradually developed with the development of society，It is related to the rights protection of the equity of a specific group。When the existing legal system cannot be accurately covered，It is necessary to include it in the bottom of the business，This also makes the bottom range of the pocket expansion。

Three is the timing of the bottom。Strictly speaking，Inspeal that the rule of law cannot be dealt with or not dealt with a certain problem，It is just the necessary conditions for the appearance of "bottom of the pocket justice" instead of sufficient conditions。Only related matters involve the interests of more people (such as marrying women) or cause the media、At the high attention of the general public or superior (such as Li Xuelian)，It is possible to be included in the agenda of the party and the government，and become a business affairs。

Four is the bottom method。Since certain problems need to be resolved by the bottom，It means "Special Affairs Special Office"Bet365 lotto review ，Can't stick to it，Therefore, most of the way of pockets has unconventional、Informal features。For example，Grass -roots civil servants often need to "do work"，This is a typical informal method，It is also an important means to deal with the "remaining problem of the rule of law"。Another example is letters and visits and sports governance，Their operation does not follow the requirements of authoritative governance and full -time governance of the rule of law，Therefore, it has become an important tool for the party and the government to deal with the "remaining problem of the rule of law"。

　　"Fundamental Justice" belongs to "substantial justice"

In terms of standardized attributes，"Fundamental Justice" should belong to the category of "substantial justice"，Its goal is not to pursue some kind of "visible justice" or "formal justice" (these justice is greater correlation with "justice within the law")，It is to solve the "remaining problem of the rule of law" and satisfy the parties and the general public，Avoid negative externality that affects social stability。

The reason why we must take "bottom justice"，The root cause is that my country is a socialist country of the people's democratic dictatorship。Article 27 of the Constitution in my country，All state organs "oppose bureaucracy"，All state organs and state staff must "work hard to serve the people"，All show the nature of our country。It means，If the party and the government "the remaining problems of the rule of law" by the party and the government "the remaining problems of the rule of law"，I made a mistake in bureaucracy。The fundamental purpose of practicing "serving the people"，Facing the strong expectations of public opinion and the public，The party and the government must give a response。

Of course，Whether it is opposed to bureaucracy or serving the people，Do not require "bottom of the pocket justice" bet365 live casino games to cover or replace "justice within the law"。From the perspective of administrative and politics,，"Justice within the law" belongs to the category of administrative，Relying on the rule of law to deal with most social problems，Efficient functional advantages，The party and government mechanism are neither necessary nor a full intervention。On the contrary，The advantage of the party and government mechanism is the problem that cannot handle or handle the rule of the rule of law in the presence of the rule of law，Especially questions that are likely to cause group incidents or public opinion，Can break the professional division of labor and procedures，All resources inside and outside the mobilization system，Comprehensive use of formal and informal means，Promote the substantial solution of the problem，This actually belongs to the political category。

In this sense，Obviously there is a relationship and interactive relationship between the "justice within the law" and the "bottom of the pocket"。Sequential order means，"Justice within the law" is a "mainstream justice"，The country emphasizes "the positive role of giving play to the modernization of the rule of law in the national governance system and governance capabilities"，"Justice within the law" status, the more stable，The auxiliary role of "Fundamental Justice", the more clear the。Interactive relationship means，No matter what extent the development of the rule of law, there will be shortcomings and vulnerabilities，Just acknowledge this fact，It is necessary to recognize the necessity of the existence of "foundation justice"。Then，"Vulnerability -Remedy -Upgrade -New Vulnerability -Remedy -New Upgrade" between "Vegetables within the law" and "bottom of the bet365 Play online games law"，The continuous improvement of the modernization level of the national governance system and governance capabilities。

　(Author is an associate professor at the School of Law of Chinese Ocean University)