政策过程视角下“一村(居) 一律师”制度的困境与出路 ――以广东省M市为例

在信访成为当前民众维权常见手段的背景下,广东省M市在全省首推“一村(居)一律师”制度,但受到政府的宣传不力,村委会的执行偏差,驻村律师的消极怠惰,群众的惯性行为、评估监督的不完善以及反馈机制的缺失等现实阻碍,使得其实际效用得不到充分发挥,群众上访洪峰仍旧存在。“徒法不足以自行”,一个好的政策不能止步于政策的制定,它是由政策的执行、评估、监控与反馈等前后相连组成的一个连续过程,在这个连续过程中,每一部分都发挥着特殊的功能。“一村(居)一律师”政策的目标要通过政策执行主体的行为来实现,要落实到人的行为上。同时,还要通过强有力的监督、完善的评估体系以及有效的反馈得以实现。
Nowadays, people often make public complaints in the form of letters and visits to relevant governmental bodies to safeguard their legal rights. In this context, the M city, initiated the one-lawyer-one-village system in Guangdong province, requiring every village to be equipped with a lawyer to offer legal aid. However, the system has not been brought into full play due to the practical challenges as follows: poor promotion from the government, weak performance of the village committees, inaction of the lawyers, inertial behaviors of the masses, insufficient supervision, and lack of effective assessment and feedback systems. Thus, there are still a lot of public complaints filed through letters and visits. A saying goes like this: laws alone cannot carry themselves into practice. Only when a policy is linked with a whole process of execution, assessment, supervision and feedback can it achieve its purposes. During this process, every part plays a critical role. The objectives of one-village-one-lawyer policy should be achieved by its enforcement bodies, as well as effective supervision, a workable assessment system and prompt feedback