村规民约中的罚则问题研究——基于浙江省14个样本的调研

A Study on the Penalty Provisions of Village Regulations——Based on 14 Samples in Zhejiang Province

随着依法治国与建设民主国家进程的推进,村规民约在当代社会的基层治理中日渐发挥着不可小觑的作用。村规民约中写入的惩戒性条款统称为“罚则”,这些罚则按种类可划分为财产罚、名誉罚、并罚等多种形式,种类的参差不齐也导致它们面临不同的理论困境与现实困境。作为理论规范,它们受到了权力来源、内容合法性、错责相适应的争论,作为治理方式,它们碰到了效力范围、边界划分、救济缺失等现实困难。解决这些理论和现实困境的最好方式是完善法律规制。

With the advancement of the rule of law and the process of building a democratic country,village regulations are playing an increasingly significant role in the grassroots governance of contemporary society.The exemplary clauses written in the village regulations are collectively referred to as"penalty provisions".These penalty provisions can be divided into different types such as property penalty,reputation penalty and combined penalty.The different types also lead to different theoretical and practical dilemmas.As theoretical norms,they are subject to the arguments about the source of power,the legitimacy of content and the adaptation of misattribution of responsibility.As a mode of governance,they are faced with practical difficulties such as the scope of effectiveness,the demarcation of boundaries and the lack of relief.The best way to resolve these theoretical and practical dilemmas is to improve the legal regulations.