乡风何以文明:明代乡村治理的国法与乡约

Why Rural Become Civilized:The National and Folk Law of Rural Governance in Ming Dynasty

乡风文明建设是乡村振兴的文化基础和精神保障。但受国家法与民间法纠葛的影响,乡风文明建设的路径尚未十分明了。从历史的经验考察,明代乡风治理将两种规则有机协调:在立法上,国家律法统摄乡规民约,后者是前者的补充规范;在执法与司法上,乡绅里老依托国家认可、乡民信服的乡约推动法的实施,使运作乡约等同于实现国法;在守法上,乡民充分尊崇和敬畏与国法相合的乡约礼仪,最终促进在法规范运行的全阶段实现良法善治。当下,有必要重视和显化乡土习惯、村规民约和自治章程等规则的效用,科学规划法治系统与阶段要素的关系,在本土资源的滋养下使文明乡风成为和谐世风之先导。

The construction of rural civilization is the cultural basis and spiritual guarantee of rural revitalization.However,due to the entanglement between national law and folk law,the path of rural civilization construction is not yet clear.According to the historical experience,the two kinds of rules were coordinated organically in the governance of rural civilization in Ming Dynasty.In the legislation,the national regulations controlled rural rules,the latter were the supplementary norm of the former.In terms of law enforcement and judicature,the squires rely on the rural rules recognized by the state and trusted by the villagers to promote the implementation of the law,so that the operation of the rural rules was equivalent to the realization of national law.In compliance with the law,the villagers fully respected the rural rules and etiquette in accordance with the national law,and ultimately promote the realization of good law and good governance in the whole stage of the standardized operation of the law.At present,it is necessary to pay attention to and demonstrate the effect of local customs,village regulations,autonomous regulations and other rules,scientifically plan the relationship between the rule of law system and stage elements,and make the civilized village style become the leader of harmonious social style under the nourishment of local resources.