我近日来一直留意两个案件,一是孙志刚被打致死案,一是姚明肖像权案。孙案已尘埃落定,有关这方面的不当法规国务院已宣布废止,新的被称为“更体现人性关怀”的管理法规也已公布并实施,算是告一段落了。但姚明案至今还热热闹闹地争议着。我留意这两个案件,既是出于对法律能否申张正义的关注,更是出于对体制转型过程中法治困境的关注。今天的中国,社会结构正在经历着巨大的变化,社会体制正在转型,正在从政府行政管理能力无边界的计划经济管理体制,向现在的法治型社会转型,计划经济体制下曾适用的、可行的规定,到了现在还适用吗?孙案的结果证明基于过去体制下的收容遣送规定是不适合的,所以需要废除,然而其它的规定呢? I have been keeping an eye on two cases in recent days. First, Sun Zhigang was beaten to death and first, the portrait of Yao Ming. Sun case has been settled, the State Department has announced the abolition of the inappropriate laws and regulations in this regard, the new is called “more human care” has also been promulgated and implemented the administrative regulations, be regarded as the end of. However, Yao Ming case still controversial bustling. I pay attention to these two cases, not only because of the law can apply for justice, but also because of the legal difficulties in the process of institutional restructuring concerns. In today’s China, the social structure is undergoing tremendous changes. The social system is undergoing a transformation. It is moving from a planned economic management system that has no administrative capacity in the administration of the government to the current society under the rule of law. It is applicable and feasible under the planned economic system. Is the law still applicable? The result of the Sun case proves that it is not suitable based on the system of detention and removal under the previous system, so it needs to be repealed. However, what other provisions are?