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Party Leadership and the Rule-of-Law Attributes of the New Era “Fengqiao Experience”

赵洋 刘永艳:党的领导与新时代“枫桥经验”的法治属性

· · CPC History & Party Building · China Leadership Science, 2025, no. 2 · 31 min read

Originating in Fengqiao Town, Zhuji City, Zhejiang Province, the “Fengqiao Experience,” after years of sedimentation, evolved from an experience in the 1960s of “mobilizing and relying on the masses, insisting that contradictions not be passed upward, resolving them on the spot, achieving fewer arrests and better public security,” used to educate and reform the “four categories of elements” [1]1 The “four categories of elements” (四类分子) were a Mao-era political classification targeting landlords, rich peasants, counter-revolutionaries, and bad elements, who were subjected to public surveillance and reform through labor. and resolve conflicts and disputes; during the period of reform and opening up, it became a model for the working mechanism of comprehensive social security governance and an important experience for maintaining social stability; and since the 18th National Congress of the CPC, it has formed the New Era “Fengqiao Experience” with the distinctive features of “adhering to Party building leadership, adhering to the people as the main body, adhering to the ‘integration of the three governances,’ adhering to the ‘simultaneous deployment of the four measures,’ and adhering to co-construction and shared governance.” [2]2 The “integration of the three governances” (三治融合) refers to the combination of autonomy, rule of law, and rule of virtue in grassroots governance. The “simultaneous deployment of the four measures” (四防并举) refers to the coordinated use of human, material, technical, and psychological prevention measures. Its important value and ideological connotation have been continuously enriched with economic and social development, and its rule-of-law attributes have become increasingly prominent. This comes from inheriting and carrying forward the excellent traditional Chinese legal culture under Party leadership, using rule-of-law thinking and rule-of-law methods, and continuously advancing the vivid practice of modernizing grassroots social governance on the track of the rule of law.

肇始于浙江省诸暨市枫桥镇的“枫桥经验”,经过岁月沉淀,从20世纪60年代以“发动和依靠群众,坚持矛盾不上交,就地解决,实现捕人少、治安好”教育改造“四类分子”化解矛盾纠纷的经验[1] ;至改革开放新时期社会治安综合治理工作机制典范和维护社会稳定的重要经验;及至党的十八大以来,形成了具有“坚持党建统领、坚持人民主体、坚持‘三治融合’、坚持‘四防并举’、坚持共建共享”[2] 鲜明特色的新时代“枫桥经验”,其重要价值和思想内涵随着经济社会的发展而不断丰富,其法治属性日益凸显。这来自在党的领导下继承和发扬中华优秀传统法律文化,运用法治思维和法治方式,在法治轨道上不断推进基层社会治理现代化的生动实践。

I. The Connotation of the Rule-of-Law Attributes of the New Era “Fengqiao Experience”

一、新时代“枫桥经验”法治属性的内涵

The rule-of-law attributes of the New Era “Fengqiao Experience” have rich connotations. They possess both the general characteristics of modern rule of law and, due to their unique historical origins and development process, have distinct Chinese characteristics, resonating with the construction of the rule of law of socialism with Chinese characteristics.

新时代“枫桥经验”法治属性具有丰富内涵,既有现代法治的一般特征,又因其独特的历史渊源与发展过程而具有鲜明的中国特色,与中国特色社会主义法治建设同频共振。

(I) The Rule-of-Law Attributes of the New Era “Fengqiao Experience” Possess the General Characteristics of Modern Rule of Law

(一)新时代“枫桥经验”法治属性具有现代法治的一般特征

Modern rule of law is a mode of national governance, a social management mechanism, a mode of social activity, and a state of social order that takes democracy as its premise and goal, supremacy of law as its principle, strict adherence to law as its core, and restriction of power as its key. [3]3 This definition of modern rule of law is a standard formulation in Chinese legal scholarship, often cited from works by leading Chinese jurists such as Li Buyun. Scholars define and interpret modern rule of law from different perspectives, but as the inherent meaning of a strategy for governing the country, a good social governance order, and ideology in modern society, it is widely accepted and promoted, representing a form of rule of law characterized by good laws and good governance.

现代法治,是以民主为前提和目标,以法律至上为原则,以严格依法办事为核心,以制约权力为关键的国家治理方式、社会管理机制、社会活动方式、社会秩序状态。[3] 学者们从不同角度对现代法治进行各种定义与解释,但其作为现代社会的治国方略、良好社会治理秩序与意识形态的题中之义,被广泛接受与宣扬,是良法善治的法治形态。

The general characteristics of modern rule of law are mainly reflected in the supremacy of the constitution and law, with all social behavior must be conducted within the legal framework; the law must be open and transparent, possessing openness, universality, clarity, and predictability; equal protection, where all people, regardless of identity, status, property, ethnicity, etc., are equally protected and bound by law; the pursuit of democracy, with public participation throughout the entire process of rule of law, ensuring that the interests of all parties are balanced and reflected through diverse consultation mechanisms; power restriction, establishing an effective supervision system to ensure power operates in the sunlight and prevent its abuse; judicial fairness and procedural justice, where judicial organs exercise their powers independently, ensuring the fairness and transparency of the judicial process, maintaining social fairness and justice, and ensuring the realization of substantive rights through procedural justice, with legal procedures being open, fair, and transparent; and the protection of rights, safeguarding citizens’ basic rights and freedoms, and providing effective legal remedies. These characteristics together form the foundation of a modern rule-of-law system, ensuring the legality, fairness, and effectiveness of social governance, and are an important manifestation of the modernization of the national governance system and governance capacity.

现代法治的一般特征主要体现为宪法法律至上,所有社会行为必须在法律框架内进行,法律必须公开透明,具有公开性、普遍性、明确性和可预期性;平等保护,所有人不论身份、地位、财产、民族等,都要平等受到法律保护和约束;追求民主,公众参与法治的全过程,通过多元协商机制,确保各方利益得到平衡和体现;权力制约,建立有效的监督体系,确保权力在阳光下运行,防止权力滥用;司法公正和程序正义,司法机关独立行使职权,确保司法过程的公正性和透明度,维护社会公平正义,通过程序正义确保实体权利的实现,法律程序必须公开、公正、透明;保障权利,保障公民的基本权利和自由,提供有效的法律救济途径;等等。这些特征共同构成了现代法治体系的基础,确保了社会治理的合法性、公正性和有效性,是国家治理体系和治理能力现代化的重要体现。

Since the 18th National Congress of the CPC, socialism with Chinese characteristics has entered a New Era. As a successful exploration and beneficial practice of innovating grassroots social governance under socialism with Chinese characteristics in the New Era, the New Era “Fengqiao Experience” has become an important component of the construction of the rule of law of socialism with Chinese characteristics in the process of advancing law-based governance in all respects. Under the leadership of the Communist Party of China, innovated, developed, and perfected by the people, originating from Fengqiao, Zhuji, Zhejiang, and developed on the basis of the original resolution of grassroots social conflicts and disputes and the strengthening of grassroots social management, it has been extended to adhere to, carry forward, and practice across the country, gradually forming a complete set of effective grassroots social governance working methods with typical significance, demonstration effects, and promotional value, using rule-of-law thinking and rule-of-law methods to resolve grassroots social conflicts, prevent grassroots social risks, regulate grassroots social relations, maintain grassroots social stability, guide good social customs, and promote grassroots social development in various fields such as economy, politics, culture, society, and ecology. [4]4 This passage summarizes the official definition of the New Era “Fengqiao Experience” as promoted by the Central Committee of the CPC, emphasizing its nationwide application and comprehensive scope. The New Era “Fengqiao Experience” standardizes the operation of public power through rule consciousness and procedural consciousness, preventing the abuse of power; at the same time, the broad masses of the people participate in consultation, mediation, and decision-making throughout the entire process, effectively protecting citizens’ rights, emphasizing legal education, enhancing the people’s concept of the rule of law, forming an organic unity of self-discipline and heteronomy; and fully exerting the positive role of modern rule of law in regulation, guidance, and guarantee, manifesting the general characteristics of modern rule of law.

党的十八大以来,中国特色社会主义进入新时代。新时代“枫桥经验”作为新时代中国特色社会主义创新基层社会治理的成功探索与有益实践,在推进全面依法治国进程中,成为中国特色社会主义法治建设的重要组成部分。在中国共产党领导下,由人民群众创新、发展、完善,从浙江诸暨枫桥发端,在原有化解基层社会矛盾纠纷、加强基层社会管理基础上发展起来,并拓展到全国各地坚持、发扬与实践,逐步形成运用法治思维与法治方式在经济、政治、文化、社会、生态等各领域化解基层社会矛盾、防范基层社会风险、调节基层社会关系、维护基层社会稳定、引领良好社会风尚、促进基层社会发展的一整套行之有效且具有典型意义、示范作用、推广价值的基层社会治理的工作方法。[4] 新时代“枫桥经验”通过规则意识与程序意识规范公权力的运行,防止权力滥用;同时广大人民群众全过程参与协商、调解和决定,有效保障公民权利,重视普法教育,增强群众的法治观念,形成自律与他律的有机统一;充分发挥现代法治规范、引领和保障的积极作用,彰显现代法治的一般特征。

(II) The Rule-of-Law Attributes of the New Era “Fengqiao Experience” Possess Chinese Characteristics

(二)新时代“枫桥经验”法治属性具有中国特色

China has a deeply rooted tradition of dual-track power operation in grassroots social governance, where the bureaucratic system and local autonomy together constituted the ecological structure of traditional Chinese politics. Therefore, promoting harmony among clans and neighbors through moral education and exhortation, and promoting reconciliation through mediation, were the main methods for resolving conflicts and disputes in traditional Chinese grassroots society. Ideas such as “requiting injury with kindness, convincing people by reason,” the concept of “valuing harmony, ceasing litigation and ending disputes,” and the cultural gene of “valuing righteousness over profit, placing righteousness before profit” were widely accepted by society. Fengqiao Town, with its long history, numerous talents, and prosperous economy, is the largest agglomerated village in the Fengqiao River basin, inherently carrying the tradition of local autonomy in Chinese rural society, providing an important historical background, social environment, and humanistic foundation for the emergence of the “Fengqiao Experience.” With the continuous deepening of reform and opening up and the development and improvement of the socialist market economy, the structure of traditional Chinese society has undergone a qualitative change, transforming from a rural society of a farming economy bound by family ties to a modern society of a market economy based on geography. However, due to the inertia of cultural tradition, relatively fixed close relationships that conform to the principle of self-interest and emotional bonds, such as kinship and neighborly relations, still exist in vast grassroots areas, and consultation and mediation continue to play an important role in contemporary grassroots social governance. The “Fengqiao Experience” is precisely such an effective, diverse coordination mechanism that can resolve various conflicts within endogenous social relations under flexible intervention. Because the “Fengqiao Experience” emphasizes always adhering to objective and fair working methods in resolving grassroots social conflicts, convincing people by reason, moving people by virtue, neither covering up nor intensifying conflicts, it enables the broad masses of the people to truly feel fairness and justice in the process of conflict resolution, while cultivating the people’s awareness of the rule of law and guiding them to resolve conflicts through correct legal channels.

中国有着根深蒂固的基层社会治理权力运行双轨制的传统,官僚体制与地方自治共同构成了传统中国政治的生态结构。因此,以敦睦教化促进宗族邻里和谐、以调解促和解是传统中国基层社会化解矛盾纠纷的主要方式,“以德报怨、以理服人”的思想、“以和为贵、息诉止讼”的理念和“重义轻利、义在利前”的文化基因等为社会广泛接受。枫桥镇历史悠久、人才辈出、经济富庶,是枫桥江流域最大的聚集型村落,与生俱来带有中国乡土社会自治传统,为“枫桥经验”产生提供了重要历史背景、社会环境与人文基础。随着改革开放的不断深入,社会主义市场经济的发展完善,中国传统社会结构已经发生质的变化,由以家庭为纽带的农耕经济乡土社会向以地缘为基础的市场经济现代社会转变。但由于文化传统的惯性,在广大基层地区依然存在较为固定、符合自利性原则和情感维系的密切关系,如亲属关系、乡邻关系等,协商和调解在当今基层社会治理中继续发挥着重要作用。“枫桥经验”正是这样一种有效的多元协调机制,能使各种矛盾在柔性干预下化解于内生的社会关系中。由于“枫桥经验”强调在化解基层社会矛盾中始终坚持客观公正的工作方法,以理服人、以德感人,不掩盖、不激化矛盾,使广大人民群众在矛盾化解的过程中切实感受到公平正义,在培养人民群众法治意识的同时,还能引导人民群众通过正确的法律途径解决矛盾。

Due to historical and practical reasons, as an important experience in Chinese grassroots social governance, the rule-of-law attributes of the New Era “Fengqiao Experience” are a multi-dimensional, multi-level integration and innovation. They not only meet the requirements of modern rule of law but are also rooted in traditional Chinese governance wisdom, possessing distinct Chinese characteristics: First, adhering to Party leadership. Party leadership is the most essential feature of socialism with Chinese characteristics, the greatest strength of the socialist system with Chinese characteristics, and the most fundamental guarantee for the rule of law of socialism with Chinese characteristics. The New Era “Fengqiao Experience” is a model of the people, under Party leadership, using rule-of-law thinking and rule-of-law methods to handle various conflicts and disputes in grassroots social governance. Second, adhering to a people-centered approach. The New Era “Fengqiao Experience” always adheres to the people-centered principle, highlights the principal position of the people in participating in grassroots governance, focuses on balancing collective interests and individual rights, forms a governance system combining “autonomy, rule of law, and rule of virtue,” and strives to achieve co-construction, co-governance, and shared benefits. Third, establishing a diversified dispute resolution mechanism. The New Era “Fengqiao Experience” emphasizes combining rigid legal norms with flexible mediation methods in dispute prevention and resolution, legalizing various effective non-litigation dispute resolution methods among the people. Fourth, focusing on the integration of social governance theory with local rule-of-law practice. The New Era “Fengqiao Experience” uses legal means to elevate grassroots social governance innovation achievements into normalized systems, promptly transforming reform results into legal systems, ensuring the stability and continuity of governance. At the same time, it focuses on combining with the specific characteristics of various regions and fields, forming governance models with distinct features, enhancing the adaptability and acceptability of the rule of law.

由于历史与现实的原因,新时代“枫桥经验”作为中国基层社会治理的重要经验,其法治属性是多维度、多层次的融合与创新,既符合现代法治要求,又根植于中国传统治理智慧,具有鲜明中国特色:第一,坚持党的领导。党的领导是中国特色社会主义最本质的特征,是中国特色社会主义制度的最大优势,是中国特色社会主义法治最根本的保证。新时代“枫桥经验”是人民群众在党的领导下运用法治思维和法治方式处理基层社会治理中的各种矛盾纠纷的典范。第二,坚持以人民为中心。新时代“枫桥经验”始终坚持以人民为中心原则,突出人民群众参与基层治理的主体地位,注重集体利益与个体权益的平衡,形成“自治、法治、德治”相结合的治理体系,着力实现共建共治共享。第三,建立多元纠纷解决机制。新时代“枫桥经验”在纠纷预防和化解中注重刚性的法律规范与柔性的调解方法相结合,将民间行之有效的各种非诉讼纠纷解决方式法治化。第四,注重社会治理理论与本土法治实践相结合。新时代“枫桥经验”通过法律手段将基层社会治理创新成果上升为常态化制度,将改革成果及时转化为法律制度,确保治理的稳定性与延续性。同时注重与各地区各领域自身特征相结合,形成各具特色的治理模式,增强了法治的适应性与可接受性。

The rule-of-law attribute of the “Fengqiao Experience” in the New Era embodies the organic unity of rule-of-law thinking with the mass line, and of institutional rigidity with cultural flexibility. It has enabled advanced rule-of-law concepts such as rights and obligations, freedom and equality, democracy and the rule of law, fairness and justice, honesty and trustworthiness, and public order and good customs to take deep root in people’s minds. It has fostered civilized ways of living, such as the rational exercise of rights, the performance of obligations, equal consultation and negotiation, and the peaceful and rational resolution of conflicts and disputes, to become a prevailing social trend.[5]5 The phrase “蔚然成风” (weiran chengfeng) is a four-character idiom meaning “to become common practice” or “to prevail as a trend.” It has achieved stability, innovation, and practical effectiveness in grassroots governance on the track of the rule of law, consolidating the foundation, stabilizing expectations, and benefiting the long term. It provides a practical plan for the modernization of the national governance system and governance capacity that embodies both the spirit of the times and Chinese characteristics. The achievement of this series of outcomes is inseparable from the leadership of the Party.

新时代“枫桥经验”的法治属性,体现了法治思维与群众路线、制度刚性与文化柔性的有机统一,使权利义务、自由平等、民主法治、公平正义、诚实信用、公序良俗等先进的法治观念深入人心,使理性地行使权利、履行义务、平等协商谈判、和平理性解决矛盾纠纷等文明的生活方式蔚然成风[5] , 在法治轨道上实现了基层治理的稳定性、创新性与实效性,固根本、稳预期、利长远,为国家治理体系和治理能力现代化提供了兼具时代精神与中国特色的实践方案,这一系列成果的取得都离不开党的领导。

II. Conditions for the Formation of the Rule-of-Law Attribute of the “Fengqiao Experience” in the New Era

二、新时代“枫桥经验”法治属性的形成条件

The leadership of the Communist Party of China runs through the entire process of the emergence, development, and innovation of the “Fengqiao Experience” and constitutes the political guarantee for the legalization of the “Fengqiao Experience” in the New Era. The Party leads grassroots social governance, closely integrates with the mass line, and fully transforms the political advantages of Party leadership into powerful effectiveness in resolving conflicts and solving problems. It emphasizes mediation, serves the people through the judiciary, and focuses on “treating the disease before it arises,”[6]6 “治未病” (zhi wei bing) is a classical Chinese medical concept meaning “treating disease before it arises,” used here metaphorically to refer to preventing conflicts before they occur. using rule-of-law thinking and rule-of-law methods to resolve conflicts, maintain stability, deepen reform, and promote development. Party leadership makes the use of rule-of-law thinking and rule-of-law methods to prevent and resolve conflicts and disputes a distinctive feature of the “Fengqiao Experience” in the New Era and is the fundamental condition for the formation of its rule-of-law attribute.

中国共产党的领导贯穿“枫桥经验”产生、发展和创新的全过程,是新时代“枫桥经验”法治化的政治保障。党领导基层社会治理,与群众路线紧密结合,将党的领导政治优势充分转化为化解矛盾、解决问题的强大效能,注重调解、司法为民、重在“治未病”,运用法治思维和法治方式化解矛盾、维护稳定、深化改革、推动发展。党的领导使运用法治思维和法治方式预防化解矛盾纠纷成为新时代“枫桥经验”的鲜明特征,是新时代“枫桥经验”法治属性形成的根本条件。

(1) Party Leadership Is the Fundamental Guarantee for Upholding and Developing the “Fengqiao Experience” in the New Era

(一)党的领导是坚持和发展新时代“枫桥经验”的根本保障

Since the 18th National Congress of the CPC, the Party Central Committee has assessed the situation and clearly put forward major strategic deployments such as comprehensive and strict governance of the Party, comprehensively deepening reform, and comprehensively advancing law-based governance. In 2013, the Third Plenary Session of the 18th CPC Central Committee studied major issues concerning comprehensively deepening reform and proposed that the overall goal of comprehensively deepening reform is to improve and develop the system of socialism with Chinese characteristics and to advance the modernization of the national governance system and governance capacity. It proposed “social governance” and, around “innovating the social governance system,” specified concrete measures such as improving social governance methods, stimulating the vitality of social organizations, innovating systems for effectively preventing and resolving social conflicts, and perfecting the public safety system. At the policy level, this provided a foundation for the “Fengqiao Experience” to develop into an experience of social governance. The “Fengqiao Experience” in the New Era is precisely a vivid practice of moving from “social management” to “social governance.” The participating subjects are diverse and interactive; the governance methods are legalized and systematic, possessing flexibility, coordination, communicativeness, and inclusiveness, manifesting fairness, justice, harmony, and order. The important role of the rule of law in national governance and social governance has become increasingly prominent.

党的十八大以来,党中央审时度势,明确提出全面从严治党、全面深化改革、全面依法治国等重大战略部署。2013年党的十八届三中全会研究全面深化改革重大问题,提出全面深化改革的总目标是完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化,提出“社会治理”,围绕“创新社会治理体制”,改进社会治理方式、激发社会组织活力、创新有效预防和化解社会矛盾体制、健全公共安全体系等具体措施。从政策层面为“枫桥经验”发展成为社会治理经验提供了基础,新时代“枫桥经验”正是从“社会管理”走向“社会治理”的生动实践。参与主体是多元的、互动的,治理方式是法治化的、体系化的,具有灵活性、协调性、沟通性、包容性,彰显了公平正义、和谐有序。法治在国家治理、社会治理中的重要作用日益凸显。

In 2014, the Fourth Plenary Session of the 18th CPC Central Committee adopted the “Decision of the Central Committee of the Communist Party of China on Comprehensively Advancing the Rule of Law,” proposing the overall goal of building a system of socialist rule of law with Chinese characteristics and building a socialist country under the rule of law. To achieve this overall goal, the following principles must be adhered to: upholding the leadership of the Communist Party of China, upholding the principal position of the people, upholding equality before the law for all, upholding the combination of rule of law and rule of virtue, and proceeding from China’s actual conditions. These principles, especially the principle of upholding the combination of rule of law and rule of virtue, pointed the direction for upholding and developing the “Fengqiao Experience” in the New Era. In the process of upholding and developing the “Fengqiao Experience” in the New Era, on the one hand, emphasis is placed on leveraging the normative role of law; on the other hand, importance is attached to leveraging the educative role of morality, achieving a situation where law and morality complement each other, and rule of law and rule of virtue enhance each other. The “Fengqiao Experience” in the New Era has further integrated autonomy, rule of law, and rule of virtue in practice, taking autonomy as the foundation, rule of law as the guarantee, and rule of virtue as the guide. Citizens and social organizations exercise autonomy according to law, resolving conflicts and disputes and participating in social governance through equal consultation and dialogue.

2014年,党的十八届四中全会通过了《中共中央关于全面推进依法治国若干重大问题的决定》,提出建设中国特色社会主义法治体系、建设社会主义法治国家这一总目标。实现这一总目标,必须坚持以下原则,即坚持中国共产党的领导、坚持人民主体地位、坚持法律面前人人平等、坚持依法治国和以德治国相结合、坚持从中国实际出发。这些原则特别是必须坚持依法治国和以德治国相结合这一原则,为坚持和发展新时代“枫桥经验”指明了方向。在坚持和发展新时代“枫桥经验”过程中,一方面注重发挥法律的规范作用,另一方面重视发挥道德的教化作用,实现法律和道德相辅相成、法治和德治相得益彰。新时代“枫桥经验”更进一步在实践中将自治、法治、德治三者相融合,以自治为基础,以法治为保障,以德治为先导,公民、社会组织依法自治,通过平等协商对话解决矛盾纠纷,参与社会治理。

In 2017, the 19th National Congress of the CPC proposed “strengthening basic work in rural grassroots areas and perfecting the rural governance system that combines autonomy, rule of law, and rule of virtue” and “strengthening the construction of the community governance system, promoting the downward shift of social governance to the grassroots level, leveraging the role of social organizations, and achieving positive interaction between government governance, social regulation, and resident autonomy,” elevating the beneficial grassroots practice of “integration of three governances”—autonomy, rule of law, and rule of virtue—to the national strategic level. Upholding and developing the “Fengqiao Experience” in the New Era is a concrete application and active practice of the basic experience of China’s socialist rule-of-law construction, namely “the organic unity of Party leadership, the people being the masters of the country, and law-based governance.” It consistently adheres to Party leadership, adheres to a people-centered approach, adheres to the integration of autonomy, rule of law, and rule of virtue, and adheres to co-construction, co-governance, and shared benefits.

2017年,党的十九大提出“要加强农村基层基础工作,健全自治、法治、德治相结合的乡村治理体系”“加强社区治理体系建设,推动社会治理向基层下移,发挥社会组织作用,实现政府治理和社会调节、居民自治的良性互动”,将自治、法治、德治“三治融合”的基层治理有益实践上升至国家战略层面。坚持和发展新时代“枫桥经验”,是对“党的领导、人民当家作主、依法治国有机统一”这一我国社会主义法治建设基本经验的具体运用与主动实践,始终坚持党的领导,坚持以人民为中心,坚持自治、法治、德治相融合,坚持共建共治共享。

With the continuous development of practice, upholding and developing the “Fengqiao Experience” in the New Era has been successively written into the decision of the Third Plenary Session of the 19th CPC Central Committee, the “Plan for the Construction of a Rule-of-Law China (2020–2025),” the “Opinions of the Central Committee of the Communist Party of China and the State Council on Strengthening the Modernization of the Grassroots Governance System and Governance Capacity,” the “Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party’s Centenary Struggle,” and other important documents. In October 2020, in the “Proposal of the Central Committee of the Communist Party of China on Formulating the 14th Five-Year Plan for National Economic and Social Development and the Long-Range Objectives Through the Year 2035,” it was proposed to build a higher level of a Peaceful China, elevating the goals and means of past comprehensive social security management to a new height of social governance modernization. It proposed upholding and developing the “Fengqiao Experience” in the New Era, constructing a comprehensive social conflict governance mechanism of source prevention and control, investigation and sorting, dispute resolution, and emergency response, and smoothing and standardizing channels for the expression of demands, coordination of interests, and protection of rights and interests of the masses. In February 2021, the “Opinions on Strengthening the Governance of Litigation Sources to Promote the Resolution of Conflicts and Disputes at the Source” further clarified that the “Fengqiao Experience” in the New Era should be upheld and developed, non-litigation dispute resolution mechanisms should be placed at the forefront, and more rule-of-law forces should be directed towards guidance and diversion. The report of the 20th National Congress of the CPC clearly stated that the “Fengqiao Experience” in the New Era should be upheld and developed, the mechanism for correctly handling contradictions among the people under the new situation should be improved, the work of handling people’s petitions should be strengthened and improved, channels for the expression of demands, coordination of interests, and protection of rights and interests of the masses should be smoothed and standardized, the grassroots governance platform supported by grid management, refined services, and information technology should be improved, the urban and rural community governance system should be perfected, and conflicts and disputes should be promptly resolved at the grassroots level and nipped in the bud.

随着实践的不断发展,坚持和发展新时代“枫桥经验”先后被写入党的十九届三中全会决定、《法治中国建设规划(2020—2025年)》《中共中央 国务院关于加强基层治理体系和治理能力现代化建设的意见》《中共中央关于党的百年奋斗重大成就和历史经验的决议》等重要文件。2020年10月,在《中共中央关于制定国民经济和社会发展第十四个五年规划和二〇三五年远景目标的建议》中,提出要建设更高水平的平安中国,把过去社会治安综合治理的目标和手段提升到了社会治理现代化的新高度,提出要坚持和发展新时代“枫桥经验”,构建源头防控、排查梳理、纠纷化解、应急处置的社会矛盾综合治理机制,畅通和规范群众诉求表达、利益协调、权益保障通道。2021年2月《关于加强诉源治理推动矛盾纠纷源头化解的意见》进一步明确,要坚持和发展新时代“枫桥经验”,把非诉讼纠纷解决机制挺在前面,推动更多法治力量向引导和疏导端用力。党的二十大报告明确指出,坚持和发展新时代“枫桥经验”,完善正确处理新形势下人民内部矛盾机制,加强和改进人民信访工作,畅通和规范群众诉求表达、利益协调、权益保障通道,完善网格化管理、精细化服务、信息化支撑的基层治理平台,健全城乡社区治理体系,及时把矛盾纠纷化解在基层、化解在萌芽状态。

In 2024, the Third Plenary Session of the 20th CPC Central Committee further pointed out that the “Fengqiao Experience” in the New Era should be upheld and developed, the urban and rural grassroots governance system under the leadership of Party organizations, combining autonomy, rule of law, and rule of virtue, should be improved, and the social governance system of co-construction, co-governance, and shared benefits should be perfected. Party leadership provides the fundamental guarantee for upholding and developing the “Fengqiao Experience” in the New Era. The “Fengqiao Experience” in the New Era has developed from a general experience into a methodology guiding national grassroots social governance with rule-of-law rules, rule-of-law thinking, and rule-of-law methods.

2024年,党的二十届三中全会进一步指出,要坚持和发展新时代“枫桥经验”,健全党组织领导的自治、法治、德治相结合的城乡基层治理体系,完善共建共治共享的社会治理制度。党的领导为坚持和发展新时代“枫桥经验”提供了根本保障,新时代“枫桥经验”已经从一般经验发展成为以法治规则、法治思维、法治方式指导全国基层社会治理的方法论。

(2) Xi Jinping’s Important Expositions Are the Fundamental Guidance for Upholding and Developing the “Fengqiao Experience” in the New Era

(二)习近平总书记的重要论述是坚持和发展新时代“枫桥经验”的根本遵循

Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era is an important guide for upholding and developing the New Era “Fengqiao Experience.” General Secretary Xi Jinping has always attached importance to the inheritance and development of the “Fengqiao Experience,” explaining its significance, rich connotations, and practical requirements on multiple occasions in different periods; this constitutes the fundamental basis for upholding and developing the New Era “Fengqiao Experience.” As early as May 2003, when he was Secretary of the Zhejiang Provincial Party Committee, Xi Jinping went to Fengqiao Town to conduct research, affirming the local cadres and masses’ practice of upholding and innovating the “Fengqiao Experience,” and the whole of Zhejiang Province began to promote the working experience of Fengqiao Town in building “Safe Fengqiao” and establishing comprehensive governance work centers in townships. On November 25 of the same year, at the conference commemorating the 40th anniversary of Mao Zedong’s instruction to study and promote the “Fengqiao Experience” and innovating the “Fengqiao Experience,” Xi Jinping emphasized, “To innovate the ‘Fengqiao Experience,’ we must focus on the overall work situation, enrich its fresh connotations in the course of coordinated development… promote social stability through reform and development, advance reform and development amid social stability… maximize the positive role of the ‘Fengqiao Experience’ in coordinating economic and social relations, preventing and resolving social conflicts, and effectively maintaining social stability, so as to promote the comprehensive development of the economy, society, and people.” [7]7 The “Fengqiao Experience” originated in Fengqiao Town, Zhuji City, Zhejiang Province, in the early 1960s as a method of mass-line-based conflict resolution. It was endorsed by Mao Zedong in 1963 and has been repeatedly updated by the Party leadership. Thereafter, the “Fengqiao Experience” was widely applied and promoted in the process of building “Safe Zhejiang” and “Rule-of-Law Zhejiang,” and it itself continuously developed and innovated in this process. Since the 18th National Congress of the CPC, General Secretary Xi Jinping has put forward a series of important expositions on upholding and developing the “Fengqiao Experience,” providing a “source of living water” for the development of the New Era “Fengqiao Experience.” In 2013, at the conference commemorating the 50th anniversary of Mao Zedong’s instruction to study and promote the “Fengqiao Experience,” General Secretary Xi Jinping clearly put forward the important judgment that “the ‘Fengqiao Experience’ is a banner of the national political and legal comprehensive governance front,” emphasizing the need to “be adept at using rule-of-law thinking and rule-of-law methods to resolve conflicts and issues involving the vital interests of the masses,” highlighting the important status of the rule of law in the process of upholding and developing the “Fengqiao Experience,” making clear that the “Fengqiao Experience” should be implemented on the track of the rule of law, and incorporating it into the important agenda of advancing the modernization of the national governance system and governance capacity. At multiple occasions such as the seminar for principal leading cadres at the provincial and ministerial levels on adhering to bottom-line thinking and focusing on preventing and defusing major risks, the National Public Security Work Conference, the forum for grassroots representatives, and the Central Conference on Comprehensively Governing the Country by Law, General Secretary Xi Jinping repeatedly emphasized upholding and developing the “Fengqiao Experience” as an important measure for strengthening and innovating grassroots social governance, and that it should be better promoted nationwide in the New Era in light of the actual conditions of various localities and industries. On November 6, 2023, when meeting with representatives of the units selected for the national “Fengqiao-style Work Method,” General Secretary Xi Jinping encouraged everyone to make persistent efforts, uphold and develop the New Era “Fengqiao Experience,” and make new and greater contributions to advancing the construction of a higher level of Safe China. In January 2024, when giving instructions on political and legal work, General Secretary Xi Jinping pointed out the need to resolutely maintain social stability, uphold and develop the New Era “Fengqiao Experience,” correctly handle contradictions among the people, and safeguard the legitimate rights and interests of the masses. General Secretary Xi Jinping’s high attention and series of expositions on the theory and practice of the “Fengqiao Experience” continuously enrich the theoretical connotations, development pathways, and era characteristics of the New Era “Fengqiao Experience,” endowing the New Era “Fengqiao Experience” with a strong rule-of-law foundation. [8]8 “Source of living water” (源头活水) is a classical allusion from a poem by the Song-dynasty Neo-Confucian philosopher Zhu Xi, meaning a continuous source of inspiration or vitality.

习近平新时代中国特色社会主义思想是坚持和发展新时代“枫桥经验”的重要指引。习近平总书记始终重视“枫桥经验”的传承和发展,在不同时期多次阐释“枫桥经验”的重要意义、丰富内涵和实践要求,是坚持和发展新时代“枫桥经验”的根本遵循。早在2003年5月,时任浙江省委书记习近平到枫桥镇进行调研,肯定了当地干部群众坚持和创新“枫桥经验”的做法,浙江全省开始推广枫桥镇建设“平安枫桥”、在乡镇组建综治工作中心的工作经验。同年11月25日,习近平在纪念毛泽东批示学习推广“枫桥经验”40周年暨创新“枫桥经验”大会上强调,“创新‘枫桥经验’,必须着眼工作大局,在统筹发展中丰富新鲜内涵……通过改革发展促进社会稳定,在社会稳定中推进改革发展……最大限度地发挥‘枫桥经验’在协调经济社会关系、预防化解社会矛盾、有效维护社会稳定中的积极作用,促进经济、社会和人的全面发展。”[6] 此后,“枫桥经验”在建设“平安浙江”“法治浙江”的过程中被广泛运用与推广,其自身也在这一过程中不断发展与创新。党的十八大以来,习近平总书记对坚持和发展“枫桥经验”提出一系列重要论述,为新时代“枫桥经验”的发展提供了“源头活水”。2013年在纪念毛泽东批示学习推广“枫桥经验”50周年时,习近平总书记明确提出“‘枫桥经验’是全国政法综治战线的一面旗帜”的重要论断,强调要“善于运用法治思维和法治方式解决涉及群众切身利益的矛盾和问题”,突出在坚持发展“枫桥经验”过程中法治的重要地位,明确要在法治轨道上实施“枫桥经验”,并将其纳入推进国家治理体系和治理能力现代化的重要议程。在省部级主要领导干部坚持底线思维着力防范化解重大风险专题研讨班上的讲话、全国公安工作会议、基层代表座谈会、中央全面依法治国工作会议等多个场合,习近平总书记反复强调坚持和发展“枫桥经验”,作为加强和创新基层社会治理的重要举措,要结合各地各行业实际,在全国更好地推广新时代“枫桥经验”。2023年11月6日,习近平总书记在会见全国“枫桥式工作法”入选单位代表时勉励大家再接再厉,坚持和发展好新时代“枫桥经验”,为推进更高水平的平安中国建设作出新的更大贡献。2024年1月,习近平总书记在对政法工作进行指示时指出要坚决维护社会稳定,坚持和发展新时代“枫桥经验”,正确处理人民内部矛盾,维护群众合法权益。习近平总书记对“枫桥经验”理论和实践的高度关注与系列论述,不断丰富新时代“枫桥经验”的理论内涵、发展途径、时代特征,赋予新时代“枫桥经验”以浓厚的法治底色。[7]

Xi Jinping Thought on the Rule of Law is the Party Central Committee with Comrade Xi Jinping at its core adhering to integrating the basic principles of Marxism with China’s specific realities; it is the fundamental basis for advancing law-based governance in all respects, building a Chinese socialist rule-of-law system, and building a socialist country under the rule of law; it is the latest theoretical achievement of the Communist Party of China in the field of the rule of law. The vivid practice of the New Era “Fengqiao Experience,” as an important component of the great practice of building socialist rule of law with Chinese characteristics, itself continuously innovates and improves under the guidance of Xi Jinping Thought on the Rule of Law. Important principles of Xi Jinping Thought on the Rule of Law, such as “upholding Party leadership,” “adhering to a people-centered approach,” “adhering to the path of socialist rule of law with Chinese characteristics,” and “adhering to advancing the modernization of the national governance system and governance capacity on the track of the rule of law,” are both requirements for the New Era “Fengqiao Experience” and are manifested in the process of practicing the New Era “Fengqiao Experience.” [9]9 The “Central Conference on Comprehensively Governing the Country by Law” was held in November 2020, formally establishing Xi Jinping Thought on the Rule of Law. For example, negotiating mediation and resolving conflicts on the track of the rule of law, effectively achieving prevention first, mediation priority, use of the rule of law, and on-site resolution. Efforts are made to build a diversified conflict resolution work system with mediation priority, progressive layering, and judicial backup as the bottom line, to refine and improve relevant laws and policies, to standardize the connection methods of various means of dispute resolution, to improve judicial confirmation procedures, and to enhance the overall effect of conflict resolution. Actively strengthen legal publicity and education, guiding the masses to handle affairs according to law, seek law when encountering problems, use law to solve problems, and rely on law to resolve conflicts; promote law-abiding among all people in the course of conflict resolution, resolve conflicts and disputes amid law-abiding among all people, and enhance the rule-of-law awareness of the whole society, and so on.

习近平法治思想是以习近平同志为核心的党中央坚持把马克思主义基本原理同中国具体实际相结合,是推进全面依法治国、建设中国特色社会主义法治体系、建设社会主义法治国家的根本遵循,是中国共产党在法治领域的最新理论成果。新时代“枫桥经验”的生动实践作为中国特色社会主义法治建设伟大实践的重要组成部分,其自身也在习近平法治思想的指引下不断创新与完善。习近平法治思想的重要原则,如“坚持党的领导”“坚持以人民为中心”“坚持中国特色社会主义法治道路”“坚持在法治轨道上推进国家治理体系和治理能力现代化”等,既是对新时代“枫桥经验”的要求,也在践行新时代“枫桥经验”的过程中被体现出来。[8] 如在法治轨道上协商调解、化解矛盾,切实做到预防在前、调解优先、运用法治、就地解决。着力构建调解优先、分层递进、司法兜底的矛盾纠纷多元化解工作体系,细化完善相关法规和政策,规范各类解决纠纷手段的衔接方式,完善司法确认程序,增强矛盾纠纷化解整体效果。积极加强普法宣传工作,引导群众办事依法、遇事找法、解决问题用法、化解矛盾靠法,在矛盾纠纷化解中推动全民守法,在全民守法中化解矛盾纠纷,提升全社会的法治意识,等等。

(III) The Rule-of-Law Attributes of the New Era “Fengqiao Experience” Contain the Inheritance of China’s Excellent Traditional Legal Culture

(三)新时代“枫桥经验”的法治属性蕴含着对中华优秀传统法律文化的传承

Our Party has always attached importance to inheriting and developing China’s excellent traditional legal culture. At the Central Conference on Comprehensively Governing the Country by Law, General Secretary Xi Jinping emphasized: “We must inherit China’s excellent traditional legal culture, explore a rule-of-law path suitable for ourselves from the practice of our revolution, construction, and reform, while drawing on beneficial results from foreign rule of law, so as to consolidate the rule-of-law foundation for comprehensively building a modern socialist country and realizing the great rejuvenation of the Chinese nation.” [10]10 The “Second Integration” (第二个结合) refers to the integration of the basic tenets of Marxism with China’s excellent traditional culture, as distinct from the first integration with China’s specific realities. The New Era “Fengqiao Experience” is rooted in China’s excellent traditional legal culture and beneficial governance experience; it is a creative transformation and innovative development of China’s excellent traditional legal culture, and a vivid manifestation of the Party’s practice of the Second Integration.

我们党始终重视继承和发扬中华优秀传统法律文化。习近平总书记在中央全面依法治国工作会议上强调:“要传承中华优秀传统法律文化,从我国革命、建设、改革的实践中探索适合自己的法治道路,同时借鉴国外法治有益成果,为全面建设社会主义现代化国家、实现中华民族伟大复兴夯实法治基础。”[9] 新时代“枫桥经验”植根于中华优秀传统法律文化及有益治理经验,是对我国优秀传统法律文化的创造性转化、创新性发展,是党践行“第二个结合”的生动体现。

The New Era “Fengqiao Experience” contains the thought of “fairness, leniency, trustworthiness, and the people.” “Fairness, leniency, trustworthiness, and the people” is the core essence of China’s excellent traditional legal culture. “Fairness” means justice; the New Era “Fengqiao Experience” always adheres to the pursuit of fairness when resolving conflicts and disputes. “Leniency” means benevolence and forgiveness, a concentrated expression of the traditional Chinese culture of “benevolence.” The New Era “Fengqiao Experience” pays attention to the promotion and application of leniency when handling conflicts, minimizing the further expansion of friction and disputes between conflicting parties to the greatest extent possible. “Trustworthiness” means honesty and credibility; the New Era “Fengqiao Experience” focuses on advocating and applying “trustworthiness” in dispute resolution, prompting both parties to proceed from trustworthiness as much as possible, reflect on themselves, and resolve conflicts. “The people” has the meaning of enriching the people, as well as valuing the common people and taking the people as the foundation; the New Era “Fengqiao Experience” focuses on bringing into play the subjective initiative of the masses, regarding the masses as the main body of grassroots social governance and construction, adhering to a people-centered approach, effectively safeguarding the fundamental interests of the masses, meeting the needs of the masses, promoting the coordination of interest relations in grassroots society, making the forces of grassroots social governance stronger, and grasping the foundation of grassroots social governance.

新时代“枫桥经验”蕴含“平恕信民”思想。“平恕信民”是中华优秀传统法律文化的核心要义。“平”是公平之义,新时代“枫桥经验”在解决矛盾纠纷时始终坚持对公平的追求。“恕”是仁恕之义,是中国传统“仁”文化的集中体现。新时代“枫桥经验”在处理矛盾时注意对仁恕的宣传以及运用,尽最大可能减少矛盾双方的纠纷摩擦继续扩大。“信”是诚信之义,新时代“枫桥经验”在纠纷解决时注重对“诚信”的倡导和运用,促使双方尽可能从诚信出发,反思自身,化解矛盾。“民”有富民之义,亦有重视百姓、以民为本之义,新时代“枫桥经验”注重发挥人民群众的主观能动性,把人民群众看作基层社会治理与建设的主体,坚持以人民为中心,切实维护人民群众的根本利益,满足人民群众的需求,促进基层社会利益关系的协调,使基层社会治理力量更加强大,抓住了基层社会治理的根本。

The New Era “Fengqiao Experience” inherits and develops the practice of “village law autonomy.” Village law autonomy is a folk experience of China’s excellent traditional legal culture. The term “village law” gradually emerged along with the general trend “from rites to law,” and is a kind of law with the nature of Confucian “rites.” The New Era “Fengqiao Experience” is a folk experience created by the broad masses in the practice of production and life; this is the result of the Party’s grassroots organizations fully playing their political core role, and also the outcome of the close integration of village rules and folk conventions with grassroots social governance. In preventing and resolving conflicts and disputes, it focuses on bringing into play the role of village rules and folk conventions; this is precisely the application of contemporary “village law” and the embodiment of villager (resident) autonomy.

新时代“枫桥经验”继承和发展“乡法自治”做法。乡法自治是中华优秀传统法律文化的民间经验。“乡法”一词是伴随着“由礼到法”的大趋势而逐渐产生,是具有儒家“礼”性质的法。新时代“枫桥经验”是广大人民群众在生产生活实践中创造的民间经验,这是党的基层组织充分发挥政治核心作用的结果,也是乡规民约与基层社会治理紧密结合的成果,在预防和化解矛盾纠纷时注重发挥乡规民约的作用,正是当代“乡法”的运用和村民(居民)自治的体现。

The New Era "Fengqiao Experience" possesses the characteristic of "combining virtue and law." The combination of virtue and law is a prominent feature of China's excellent traditional legal culture. Building good social order has always been the primary issue in grassroots social governance. The ancient Chinese "Confucian-Legalist debate" was a concentrated expression of this issue. The Confucian school advocated governance through "rites" and "virtue," meaning that patriarchal traditions and moral education should play a role in grassroots social governance. Confucius vigorously promoted "governing by virtue," Mencius proposed that "goodness alone is insufficient for governance; law alone cannot implement itself," and Dong Zhongshu advocated that governing the country should "emphasize virtue and downplay punishment." The Legalist school advocated governance through "law," meaning controlling resources, restraining the people, and transforming society through a legal system represented by the king's law. After the Spring and Autumn and Warring States periods' debate over "rule by rites," "rule by virtue," and "rule by law," and the contention of a hundred schools of thought, the path ultimately moved toward "banning all schools of thought and exclusively revering Confucianism," "Confucianism on the outside, Legalism on the inside," and "incorporating rites into law," which continued for over two thousand years in China. In traditional Chinese legal culture, the tradition of "transforming the people through virtue" and "governing the country through law" was long followed.[11]11 The Tang Code (唐律疏议), completed in 653 CE, was the primary legal code of the Tang Dynasty and a foundational text of traditional Chinese law, known for its synthesis of Confucian moral principles (rites) with legal provisions. The Tang Code, "based entirely on rites," combined rites and law, and the Song, Yuan, Ming, and Qing dynasties continued the tradition of co-governance by virtue and law. The New Era "Fengqiao Experience" is a successful experience in China's grassroots social governance. On one hand, it emphasizes inheriting traditional Chinese virtues by establishing typical figures and cases, strengthening comprehensive publicity of role models, and highlighting the driving force of examples, which is conducive to forming a positive and upward moral trend. On the other hand, it carries forward the excellent tradition of combining virtue and law from history, inheriting thoughts and practices such as "governing according to law," "taking law as the foundation," "law does not favor the powerful," "emphasizing official virtue," "emphasizing the family," and "cultivating virtue and self-cultivation." It comprehensively applies the rule of law and rule of virtue, improving the urban and rural grassroots governance system under the leadership of Party organizations that combines self-governance, rule of law, and rule of virtue, and building a new pattern of social governance featuring co-construction, co-governance, and shared benefits.

新时代“枫桥经验”具有“德法结合”特征。德法结合是中华优秀传统法律文化的突出特征。构建良好的社会秩序一直是基层社会治理的首要问题。中国古代的“儒法之争”就是这一问题的集中体现。儒家主张以“礼”“德”来治理,即让宗法传统和道德教化在基层社会治理中发挥作用。孔子大力倡导“为政以德”,孟子提出“徒善不足以为政,徒法不能以自行”,董仲舒则主张治国要“大德而小刑”。法家主张以“法”来治理,即通过王法为代表的法律制度来控制资源、制约民众、改造社会。经过春秋战国时期“礼治”“德治”“法治”之争,百家争鸣,最终走向“罢黜百家,独尊儒术”“外儒内法”“以礼入法”的道路,绵延中国两千余年。中国传统法律文化上,长期沿习“以德化民”“以法治国”的传统。[10] 唐律“一准乎礼”将礼法结合,宋元明清延续德法共治的传统。新时代“枫桥经验”是中国基层社会治理的一条成功经验,一方面,重视对中华传统美德的继承,通过树立典型人物事例,加强对模范的全方位宣传,突出榜样的带动力量,有利于形成积极向上的道德风尚;另一方面,发扬历史上德法结合的优秀传统,继承“缘法而治”“以法为本”“法不阿贵”“注重官德”“注重家庭”“立德修身”等思想和实践,将法治与德治综合运用,在基层健全党组织领导的自治、法治、德治相结合的城乡基层治理体系,构建共建共治共享的社会治理新格局。

(IV) Party-led grassroots social governance enriches the rule-of-law connotation of the New Era "Fengqiao Experience"

(四)党领导的基层社会治理丰富新时代“枫桥经验”法治内涵

In different historical periods, the grassroots social issues and social contradictions addressed by the "Fengqiao Experience" have differed, which is related to the different principal contradictions in each historical period. During the new period of reform, opening up, and socialist modernization, the main focus was on mediating contradictions among the people. The New Era "Fengqiao Experience" aims to address various new situations and problems emerging in grassroots society due to profound changes in the principal contradiction of social development. In the New Era, the people's need for a better and happier life is not only about having ample food and clothing, resolving conflicts and disputes, and maintaining social stability and order, but also includes the pursuit of fairness and justice, democratic participation, protection of human rights, co-construction, co-governance, and shared benefits, as well as development and security. The imbalance in economic and social development and conflicts of interest among different social groups involve economic, political, cultural, social, and ecological aspects, evolving from simple civil disputes in the past to a complex form where civil disputes, economic disputes, and administrative disputes coexist. Current social conflicts, disputes, and demands are more diverse and complex, placing new and higher requirements on adhering to and developing the New Era "Fengqiao Experience."

在不同历史时期,“枫桥经验”所解决的基层社会问题与社会矛盾有所不同,这与各个历史时期的主要矛盾不同有关。改革开放和社会主义现代化建设新时期主要是调解人民内部矛盾。新时代“枫桥经验”则是要解决社会发展中主要矛盾深刻变化在基层社会所呈现出的各种新情况新问题。新时代人民对美好幸福生活的需要不仅仅是生活丰衣足食、矛盾纠纷化解、社会安定有序,还包括对公平正义、民主参与、人权保障、共建共治共享、发展与安全的追求。经济社会发展的不平衡、不同社会群体之间的利益冲突等,涉及经济、政治、文化、社会、生态各方面,由过去单一的民事纠纷发展成为民事纠纷、经济纠纷、行政纠纷并存的复杂形态。当前社会矛盾纠纷和诉求表现得更加多元而复杂,对坚持和发展新时代“枫桥经验”提出了新的更高的要求。

The practice of Party-led grassroots social governance continuously enriches the rule-of-law attribute connotation of the New Era "Fengqiao Experience." Resolving conflicts and disputes solely by administrative means is costly, lacks flexibility, and is inefficient in handling the large number of general contradictions at the grassroots level, making it difficult to fundamentally solve problems. Relying solely on judicial procedures also incurs high time, labor, and material costs. The large number of general conflicts and disputes at the grassroots level dramatically increases the workload of judicial organs and subjects litigants to the burden of litigation. Grassroots social governance entities should comprehensively use methods such as mediation, administration, and justice to resolve conflicts and disputes based on the characteristics of current social contradictions. The New Era "Fengqiao Experience" has a natural advantage in resolving these conflicts and disputes. It can not only fully leverage the role of the masses in self-education, self-management, and self-restraint, and improve the working mechanism for investigating and mediating conflicts and disputes, but also ensure that prediction work precedes prevention, prevention work precedes mediation, and mediation work precedes escalation, comprehensively improving the ability and level to correctly handle contradictions among the people.

党领导的基层社会治理实践不断丰富新时代“枫桥经验”的法治属性内涵。化解矛盾纠纷,单纯依靠行政手段,成本较高,灵活性弱,在处理基层存在的大量一般性矛盾时效率较低,难以从根本上解决问题;单纯依靠司法程序,时间成本和人力、物力成本也较高,基层遇到的大量一般矛盾纠纷使司法机关的工作量剧增,也使涉诉当事人面临诉累之苦。基层社会治理主体应当根据当前社会矛盾的特点综合运用调解、行政、司法等方法解决矛盾纠纷。新时代“枫桥经验”在化解这些矛盾纠纷上具有天然优势,既能充分发挥群众自我教育、自我管理、自我约束的作用,健全矛盾纠纷排查调处工作机制,又能预测工作走在预防前,预防工作走在调解前,调解工作走在激化前,全面提高正确处理人民内部矛盾的能力和水平。

Since the 18th National Congress of the CPC, various localities have innovated on the basis of inheritance and deepened the process of promotion, promoting the New Era "Fengqiao Experience" to adapt to local conditions and take root. From "Fengqiao-style policing" to "Fengqiao-style people's courts," "Fengqiao-style judicial offices," and "Fengqiao-style dispatched procuratorial offices," from the rural "Fengqiao Experience" to derivatives such as the urban community "Fengqiao Experience," the maritime "Fengqiao Experience," and the online "Fengqiao Experience,"[12]12 "Maritime Fengqiao Experience" (海上枫桥经验) refers to the adaptation of the Fengqiao model to resolve disputes and maintain order in fishing communities and maritime areas. "Online Fengqiao Experience" (网上枫桥经验) refers to its application in cyberspace for mediating digital-era conflicts. it has expanded from the field of public security to various fields including economy, politics, culture, society, and ecology. It has become a model, banner, and concept for grassroots social governance, possessing significant exemplary and guiding value. The New Era "Fengqiao Experience" consistently integrates law-based good governance throughout, comprehensively applying rule-of-law thinking, rule-of-law norms, and rule-of-law methods, evolving from a comprehensive approach to public security governance into a new model of grassroots social governance across various fields.

党的十八大以来,各地在继承的基础上创新,在发扬的过程中深化,推动新时代“枫桥经验”因地制宜、落地生根,从“枫桥式警务”到“枫桥式人民法庭”“枫桥式司法所”“枫桥式派驻检察室”,从乡村“枫桥经验”衍生出城镇社区“枫桥经验”、海上“枫桥经验”、网上“枫桥经验”[11] ,从社会治安领域扩展到经济、政治、文化、社会、生态等各个领域,成为基层社会治理的样板、旗帜和理念,具有重要的示范引领价值。新时代“枫桥经验”始终把依法善治贯穿始终,综合运用法治思维、法治规则和法治方式,从社会治安综合治理方式发展为各个领域基层社会治理新模式。

III. The Rule-of-Law Practice of the New Era "Fengqiao Experience"

三、新时代“枫桥经验”的法治实践

The New Era "Fengqiao Experience" is widely applied in grassroots social governance, achieving a series of breakthrough advances in key areas and critical links of grassroots social governance. It reflects the modernization and legalization of social governance and highlights the modern rule-of-law attributes with Chinese characteristics.

新时代“枫桥经验”在基层社会治理中被广泛应用,使基层社会治理在重点领域和关键环节取得一系列突破性进展,体现了社会治理的现代化和法治化,彰显了具有中国特色的现代法治属性。

(I) Upholding the Organic Unity of Party Leadership and the People Being the Masters of the Country

(一)坚持党的领导与人民当家作主有机统一

Strengthening and innovating the grassroots self-governance system of the people, Party leadership is the fundamental guarantee. Grassroots Party organizations are the bridge and bond connecting the Party with the masses. To fully leverage the leadership role of grassroots Party organizations in grassroots social governance, it is necessary to innovate and improve the Party's leadership methods. Grassroots Party organizations must strengthen their concept of the rule of law and rule-of-law thinking in their own construction, be adept at using rule-of-law thinking and rule-of-law methods, and fulfill their grassroots social governance responsibilities within the framework of the Constitution and laws. Promoting the legalization of grassroots Party building is the fundamental political guarantee for implementing the New Era "Fengqiao Experience."

加强和创新基层群众自治制度,党的领导是根本保证。基层党组织是党联系群众的桥梁和纽带。要充分发挥基层党组织在基层社会治理中的领导作用,必须创新和改善党的领导方式,基层党组织在自身建设上要强化法治观念、法治思维,善于运用法治思维和法治方式,在宪法和法律的范围内履行基层社会治理职责。推进基层党建的法治化是新时代“枫桥经验”落实的根本政治保障。

To achieve the goal of "zero petitions from the masses, zero disciplinary violations by cadres, zero criminal offenses by the people, and zero cult activities among villagers," Fengyuan Village in Fengqiao Town, Zhuji City, Zhejiang Province, actively innovated. On one hand, it developed the "three ups and three downs" democratic decision-making mechanism for major village affairs—every major village decision involves the masses in each step. "One up and one down" involves collecting topics and conducting door-to-door consultations; "two ups and two downs" involves drafting plans through democratic consultation meetings and in-depth discussion; "three ups and three downs" involves deliberation, decision-making, and implementation. For example, in 2023, the discussion and approval of the "Dazhu-Dieshan Road Asphalt Overlay Plan" took place. After the village two committees and the public sentiment analysis meeting collected the topic of road renovation, they quickly organized village cadres to go door-to-door soliciting opinions from the masses. The village organized a democratic consultation meeting of villager representatives to refine the plan. After the plan was finalized, it was submitted to a Party member meeting for deliberation. Finally, a villager representative meeting was convened to vote on the plan. The plan was approved, and the Dazhu-Dieshan Road renovation project entered the implementation phase. Rule-of-law thinking and rule-of-law methods ran through the entire process of plan approval, realizing the legalization of grassroots Party building, which is also a manifestation of the legalization of grassroots democracy and whole-process people's democracy. On the other hand, supporting regulations and systems were formulated, such as the "20 Items of Party Building Responsibility List," the "Village Two Committees Joint Meeting System," the "Party Member Deliberation Meeting System," the "Democratic Consultation (Hearing) System," and the "Villager Representative Meeting System," enabling basic legal systems, grassroots self-governance systems, and institutionalized grassroots Party building to play an active role together in grassroots social governance. The "three ups and three downs" democratic decision-making mechanism is also advancing with the times, subsequently adding the "three openness" system, namely, openness of evaluation results, openness of implementation plans, and openness of voting results, truly ensuring that approved resolutions can be ultimately implemented. The implementation of the "three ups and three downs" democratic decision-making mechanism has achieved organic integration among Party members, village committee members, and villagers, realizing a situation of multi-subject co-deliberation and multi-subject co-governance. Society has become more harmonious, contradictions have significantly decreased, and it has become a model for rural governance.

浙江省诸暨市枫桥镇枫源村为实现“群众零上访、干部零违纪、百姓零刑事、村民零邪教”的目标,积极创新,一方面,发展了重大村务决策“三上三下”民主决策机制——村里大事决议,每个环节都由群众一起决定,“一上一下”是收集议题、下访征询;“二上二下”是通过民主恳谈会酝酿方案、深入探讨;“三上三下”是审议决策、组织实施。例如,2023年“大竺—叠山公路白改黑方案”的讨论通过。村两委会暨民情分析会在收集到该路段改造的议题后,迅速组织村干部下沉,挨家挨户征求群众意见;村里组织召开村民代表民主恳谈会,对方案进行完善;方案确定后,提交党员会议进行审议;最后,组织召开村民代表会议,对方案进行表决,最终方案通过,大竺—叠山公路改造工程进入实施阶段。法治思维、法治方式贯穿整个方案通过的始终,实现了基层党建的法治化,也是基层民主法治化、全过程人民民主的体现。另一方面,配套制定了《党建责任清单20条》《村两委会联席会议制度》《党员议事会制度》《民主恳谈会(听证会)制度》《村民代表会议制度》等规定、制度,使基本法律制度、基层自治制度与基层党建制度化共同在基层社会治理中发挥积极作用。“三上三下”民主决策机制也在与时俱进,之后又加上了“三公开”制度,即测评情况公开、实施方案公开、表决结果公开,真正确保已通过的决议能够最终落实。“三上三下”民主决策机制的实施,使党员、村委会成员和村民实现了有机融合,多元主体共议、多元主体共治的局面得以实现,社会更加和谐,矛盾显著减少,成为乡村治理的典范。

(II) Empowering the New Era "Fengqiao Experience" with Technology

(二)科技赋能新时代“枫桥经验”

With the continuous development of digital technology and digital rule of law, the New Era “Fengqiao Experience” leverages modern information technologies such as the internet, big data, blockchain, the Internet of Things, cloud computing, and artificial intelligence. The thinking methods and means of grassroots governance have consequently been broken through and innovated. The empowerment of modern information technology enables various departments to achieve information sharing, resource commonality, and work coordination, truly opening up the “last kilometer” of serving the masses, and a new way to improve the social governance system is emerging. The New Era “Fengqiao Experience” has been endowed with new connotations under the support of digital technology.

随着数字技术与数字法治的不断发展,新时代“枫桥经验”借助互联网、大数据、区块链、物联网、云计算、人工智能等现代信息技术,基层治理的思维方式与方法手段也随之突破与创新,现代信息技术的赋能使各部门实现信息共享、资源共通、工作协同,真正打通服务群众的“最后一公里”,完善社会治理体系的新方式呼之欲出。新时代“枫桥经验”在数字技术的加持下被赋予了新的内涵。

Wenshang County in Shandong Province, relying on big data technology, has established prediction, early warning, and prevention systems and mechanisms, independently developing a “six-level interconnection” smart petition video system. This system not only achieves interworking and interoperability with national, provincial, and municipal video conference systems but also extends the video petition reach down to the township and village community levels. This enables the people to communicate with relevant departments or leaders and report problems from home via mobile phones or at township and village community levels through video platforms, reducing the occurrence of petitions at the source. It is a vivid manifestation of promoting the legalization of the New Era “Fengqiao Experience.” Another example is that during the process of building standardized “Fengqiao-style” tax sub-bureaus in various localities, guided by the New Era “Fengqiao Experience” and standardization theory, the intrinsic logical relationship between the New Era “Fengqiao Experience” and tax governance is carefully studied. “Smart governance” is combined with tax governance, fully utilizing modern technological means such as big data, cloud computing, and artificial intelligence to build smart taxation, promoting institutional innovation and business transformation in tax enforcement, service, and supervision.

山东省汶上县依托大数据技术建立预测预警预防制度和机制,自主开发“六级互联”智慧信访视频系统,既与国家、省、市视频会议系统联调互通,又可将视频信访触角拓展延伸至乡镇和村居社区两级,使人民群众在家中通过手机或在乡镇和村居社区通过视频平台,就能与有关部门或领导进行交流、反映问题,从源头上减少信访发生,是推进新时代“枫桥经验”法治化的生动体现。再如各地方在建设标准化“枫桥式”税务分局过程中,以新时代“枫桥经验”和标准化理论为指导,认真研究新时代“枫桥经验”同税收治理之间的内在逻辑关系,将“智治”和税收治理相结合,充分运用大数据、云计算、人工智能等现代科技手段建设智慧税务,推动税务执法、服务、监管的制度创新和业务变革。

(III) The One-Stop Diversified Dispute Resolution and Litigation Service System is the Most Distinctive New Era “Fengqiao Experience”

(三)一站式多元纠纷解决和诉讼服务体系是最具特色的新时代“枫桥经验”

Due to unbalanced economic and social development, conflicts among diverse interest subjects easily arise, and disputes and contradictions occur frequently. With the deepening of socialist rule-of-law construction, the rights awareness of the people has gradually strengthened, and the number of cases has increased. The complexity of case sources and the situation of many cases with few judges have led to unsatisfactory trial quality and effectiveness in judicial organs, with high rates of appeals, retrials, and petitions, making litigation dispute resolution difficult and civil enforcement challenging. In response, courts at all levels have adapted to local conditions by adhering to and developing the New Era “Fengqiao Experience,” implementing the requirement of “promoting the separation of complex and simple cases, separation of serious and minor cases, and separation of fast and slow tracks.” The one-stop diversified dispute resolution and litigation service system emerged as the times require, using a diversified rule-of-law system to resolve grassroots conflicts and disputes.

由于经济社会发展不平衡,多元利益主体容易出现冲突,矛盾纠纷多发。随着社会主义法治建设的不断深入,人民群众的权利意识逐渐增强,案件数量有所上升。案源复杂、案多人少导致司法机关审判质量和效果不理想,上诉率、申诉率、信访率居高不下,诉讼解纷不易、民事执行困难。对此,各级法院因地制宜坚持和发展新时代“枫桥经验”,贯彻“推进案件繁简分流、轻重分离、快慢分道”的要求。一站式多元纠纷解决和诉讼服务体系应运而生,以多元法治体系化解基层矛盾纠纷。

Starting in 2018, courts across Zhejiang Province, under the leadership of Party committees and Party committee political and legal affairs committees, practiced the New Era “Fengqiao Experience,” conducting beneficial explorations into one-stop diversified dispute resolution. They established social governance centers in various localities, strengthened professional guidance for people’s mediation, and formed a county-level litigation source governance model characterized by “Party committee overall planning, moving the threshold forward, one-stop dispute resolution.” This achieved a transformation in grassroots governance from resolving lawsuits and stopping disputes to fewer lawsuits and no disputes, facilitating the resolution of conflicts and disputes for the people. The People’s Court mediation platform connects online with grassroots governance units, embedding itself into villages, communities, and grids, promptly resolving conflicts and disputes at the grassroots level and in their nascent state, striving to achieve case closure, dispute resolution, and harmony among people. The establishment of the People’s Court one-stop diversified dispute resolution mechanism has broadly gathered diverse subjects including administrative organs, people’s organizations, mass autonomous organizations, people’s mediation organizations, and organizations in various professional fields. It actively utilizes digital technological means such as artificial intelligence, 5G, big data, and blockchain, opening up new fields in the construction of alternative dispute resolution mechanisms and online dispute resolution mechanisms[13]13 Alternative dispute resolution (ADR) and online dispute resolution (ODR) are Western legal terms adopted in Chinese judicial reform discourse to describe non-litigation mechanisms for settling conflicts, often facilitated by digital platforms., forming a diversified co-governance pattern with complementary advantages, integration of professionals and the masses, and combined efforts. This truly achieves relieving worries for the masses, reducing burdens for judges, and accelerating justice, creating a distinctive and unique Chinese solution for diversified dispute resolution.

2018年开始,浙江省各地法院在党委、党委政法委领导下践行新时代“枫桥经验”,对一站式多元解纷进行有益探索,在各地建立起社会治理中心,加强对人民调解的业务指导,形成“党委统揽、关口前移、一站解纷”的县域诉源治理模式,实现了基层治理从化讼止争向少诉无讼转变,便利了人民群众矛盾纠纷的解决。人民法院调解平台在线对接基层治理单位,嵌入乡村、社区、网格,及时把矛盾纠纷化解在基层、化解在萌芽状态,努力实现案结事了人和。人民法院一站式多元纠纷解决机制的建立,广泛凝聚了包括行政机关、人民团体、群众自治组织、人民调解组织、各专业领域组织在内的多元主体,积极运用人工智能、5G、大数据、区块链等数字技术手段,开拓了替代性纠纷解决机制和在线纠纷解决机制建设的新领域[12] ,形成了优势互补、专群结合、融合发力的多元共治格局,真正实现了为群众解忧、帮法官减负、让正义提速,创造了特色鲜明、独树一帜的多元纠纷解决的中国方案。

In summary, the New Era “Fengqiao Experience” is an important component of the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era system, a model for upholding and implementing the Party’s mass line well in the New Era, and a vivid practice of Xi Jinping Thought on the Rule of Law. The New Era “Fengqiao Experience” uses rule-of-law rules, rule-of-law thinking, and rule-of-law methods to promote grassroots self-governance, grassroots democratic rule-of-law construction, and grassroots social governance. It consistently adheres to being people-centered, mobilizing all positive factors of social governance to the greatest extent within the rule-of-law track, highlighting the collaborative governance of grassroots society led by the Party and government, relying on the masses, and involving social co-governance. It resolves all negative factors affecting social stability and development, smooths channels for the expression of social conditions and public opinion, solves problems at the grassroots level, and resolves conflicts in their nascent state. It provides an effective governance plan for creating a harmonious situation, leading social trends, realizing the modernization and rule-of-law governance of grassroots society, and building a stable and orderly social environment. We must continue to uphold and develop the New Era “Fengqiao Experience,” continuously promote the modernization of social governance on the rule-of-law track, and accelerate the formation of a new pattern of modern grassroots social governance featuring co-construction, co-governance, and shared benefits.

总之,新时代“枫桥经验”是习近平新时代中国特色社会主义思想体系的重要组成部分,是新时代把党的群众路线坚持好、贯彻好的典范,是习近平法治思想的生动实践。新时代“枫桥经验”运用法治规则、法治思维、法治方式推进基层自治、基层民主法治建设、基层社会治理,始终坚持一切以人民为中心,在法治轨道上最大限度调动社会治理的一切积极因素,突出党政主导、依靠群众、社会共治的基层社会协同治理,化解影响社会稳定和发展的一切消极因素,畅通社情民意通达渠道,把问题解决在基层,把矛盾化解在萌芽,为营造和谐局面、引领社会风尚、实现基层社会的现代化和法治化治理、建设安定有序的社会环境提供了一套行之有效的治理方案。我们要继续坚持和发展好新时代“枫桥经验”,在法治轨道上不断推进社会治理现代化,加快形成共建共治共享的现代基层社会治理新格局。

Online Editor: Tongxin

网络编辑:同心

Notes

  1. The “four categories of elements” (四类分子) were a Mao-era political classification targeting landlords, rich peasants, counter-revolutionaries, and bad elements, who were subjected to public surveillance and reform through labor. ↩
  2. The “integration of the three governances” (三治融合) refers to the combination of autonomy, rule of law, and rule of virtue in grassroots governance. The “simultaneous deployment of the four measures” (四防并举) refers to the coordinated use of human, material, technical, and psychological prevention measures. ↩
  3. This definition of modern rule of law is a standard formulation in Chinese legal scholarship, often cited from works by leading Chinese jurists such as Li Buyun. ↩
  4. This passage summarizes the official definition of the New Era “Fengqiao Experience” as promoted by the Central Committee of the CPC, emphasizing its nationwide application and comprehensive scope. ↩
  5. The phrase “蔚然成风” (weiran chengfeng) is a four-character idiom meaning “to become common practice” or “to prevail as a trend.” ↩
  6. “治未病” (zhi wei bing) is a classical Chinese medical concept meaning “treating disease before it arises,” used here metaphorically to refer to preventing conflicts before they occur. ↩
  7. The “Fengqiao Experience” originated in Fengqiao Town, Zhuji City, Zhejiang Province, in the early 1960s as a method of mass-line-based conflict resolution. It was endorsed by Mao Zedong in 1963 and has been repeatedly updated by the Party leadership. ↩
  8. “Source of living water” (源头活水) is a classical allusion from a poem by the Song-dynasty Neo-Confucian philosopher Zhu Xi, meaning a continuous source of inspiration or vitality. ↩
  9. The “Central Conference on Comprehensively Governing the Country by Law” was held in November 2020, formally establishing Xi Jinping Thought on the Rule of Law. ↩
  10. The “Second Integration” (第二个结合) refers to the integration of the basic tenets of Marxism with China’s excellent traditional culture, as distinct from the first integration with China’s specific realities. ↩
  11. The Tang Code (唐律疏议), completed in 653 CE, was the primary legal code of the Tang Dynasty and a foundational text of traditional Chinese law, known for its synthesis of Confucian moral principles (rites) with legal provisions. ↩
  12. "Maritime Fengqiao Experience" (海上枫桥经验) refers to the adaptation of the Fengqiao model to resolve disputes and maintain order in fishing communities and maritime areas. "Online Fengqiao Experience" (网上枫桥经验) refers to its application in cyberspace for mediating digital-era conflicts. ↩
  13. Alternative dispute resolution (ADR) and online dispute resolution (ODR) are Western legal terms adopted in Chinese judicial reform discourse to describe non-litigation mechanisms for settling conflicts, often facilitated by digital platforms. ↩