作　者：李燕 朱春奎
关键词：劳教制度； “任建宇案”； “唐慧案”
摘　要：

劳教制度废止经历了两次“政策之窗”，第一次因终结阻力过大而“关闭”，第二次成功突破阻力，劳教制度正式废止。两次“窗口”期间，问题源流中问题焦点由制度法理缺陷转变为权力严重滥用，政策源流中倡导联盟由分歧走向共识，政治源流中法治理念由初步确立到全面推行，公众舆论由话题讨论到高度聚焦，政策企业家群体迅速壮大、“软化”方式更加多元，“唐慧案”的触发与高层领导人换届相结合，劳教制度成功废止。议程设置的演化逻辑与多源流理论保持较高一致性，再次验证了该理论对中国公共政策过程的解释力。两次“政策窗口”之间所发生的终结推动力与终结阻力的对抗、联盟间的政策学习还展现出多源流理论、政策终结理论与倡议联盟框架等政策变迁理论之间的契合点与对话空间。议程设置过程中呈现出的“溢出效应”的功能与实现、“政策之窗”的关闭与重启、倡议联盟、政策学习与议程设置、政策企业家的类型及其影响等特征为人们理解当代中国法制变迁的政策过程带来了新的理论启示。

Closing and Reopening of “Policy Window”：An Empirical Study of Reeducation-through-labor System Termination
 

Li Yan （Dalian University of Technology）
Zhu Chunkui （Fudan University）

Abstract:Although numerous studies have discussed jurisprudence and practice as well as reform of reeducation-through-labor system in China (an administrative penalty system that has been abolished at the end of 2013 after 56 years of implementation),almost no attention has been devoted to investigate and analyze the abolishment of reeducation-through-labor system from the perspective of public policy change process,and the in-depth reason of the abolishment reminds unexplored.With the aim to reveal the internal mechanism and display the agenda setting process of reeducation-through-labor system abolition,this article attempts to construct a comprehensive policy termination analysis model based on synthesis of three classic policy analysis frameworks including multiple streams theory,policy termination theory and advocacy coalition theory .Our analysis shows that:the abolition process of reeducation-through-labor system can be regard as a difficult breakthrough which has experienced two “policy windows”,the first window was closed because of the resistance is insurmountable,while the second window successfully overcame setbacks and the system was formally abolished because the support is greater than resistance.During the period of these two “policy windows”,the focus of problem stream changed from system’s legal defects to serious power abuse,the advocacy coalitions in policy stream changed from divergence to consensus,China’s principle of rule of law in political stream read from its preliminary establishment to full implementation,public opinion evolved from first concern to a high degree of attention.At the same time,using more diverse “softening” methods,the group of policy entrepreneurs and their influences on policy process have grown rapidly,and it is the combination of “Tang Hui case” and senior leader’s political attention that made reeducation through labor system successfully abolished.The evolution logic of this agenda setting process is not only consistent with the multiple streams theory,but also proves the theory’s explanatory power to the process of China’s public policy.What is more,the confrontation of the two “policy windows” between the driving force and resistance of termination,the policy learning between advocacy coalitions also provide convincing empirical evidence for the theoretical intersection and dialogue space among multiple streams theory,policy termination theory and the advocacy coalition framework.The innovations and contributions of this paper mainly embody in the following three aspects:firstly,we rediscover the potential of “policy spillover effect” and explore how to take advantage of “spillover effect” in detail;secondly,we shed new light on the multi-stream theory by making closing and reopening of “policy window” as the main focus of this research,which reveals another possibility of policy agenda setting process;thirdly,the policy learning between different advocacy coalition and its influence on agenda setting,as well as different types of policy entrepreneurs and the distinctive roles they play in policy process discussed in this paper enrich our theoretical accumulation of public policy analysis and provide useful tools for people to have better understanding of public policy process in contemporary China.
 

Key words:reeducation-through-labor system； the case of Ren Jianyu; the case of Tang Hui

 

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