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以个案观察为基础,分析有组织维权中诉求者的法律观问题。研究表明,维权者的法律观是复杂和多变的,因时而异,因事而异,也因人而异。在持续的利益表达过程中,尽管法律成为了诉求者最普遍和较有力的谈判依据,但行政复议和行政诉讼等正式法律程序并不是他们赖以解决冲突纠纷的主要渠道,维权者对法律的有效性也并非坚信不疑,尤其是,骨干分子对法律的推崇和通过法律对其他成员进行动员,大都是出于抗争策略考虑,而与信仰无关。
On the basis of case observation, this paper analyzes the issue of the legal concept of those who have the rights to organize. Studies show that the legal views of defenders are complex and changeable, and vary from one case to another and from one case to another. In the process of the continuous expression of interests, although the law has become the most common and powerful negotiation basis for requesters, formal legal procedures such as administrative reconsideration and administrative litigation are not the main channels for them to resolve conflicts and disputes. Defenders have no right to legal The validity is not convincing. In particular, the advocacy of the law by the key elements and the mobilization of other members through the law are mostly based on the strategy of resistance and have nothing to do with the belief.