村规民约略论

Brief discussion on village rules

通过对村规民约在中国不同历史时期的表现分析,指出村规民约作为特定时期的历史产物,其存在与发展都与社会当时的具体环境,特别是政治需要及权力运行模式密切相关。作为乡村社会“小共同体”“私的法律秩序”,村规民约与国家“公的法律秩序”存在不可调和的冲突和矛盾。提出为保证中国法制统一,学界不应过高渲染村规民约的功能作用。村规民约作为一种文化遗产,伦理价值和道德教化的作用和意义是主要的。

The legal academic circle considers village rules as a necessary main topic in the rural construction of the rule of law. However, as the result of the particular historical period, the emergence and development of village rules had close connections with the specific circumstances of the times, especially with the political demand and the working method of power. Village rules, as the ＂private legal rules＂ of the rural ＂small community＂, have unsolvable conflicts with the ＂public legal rules＂. To ensure the uniform legal institution, the legal academic circle should not overrate the functions of village rules. As a type of cultural heritage, the primary values of village rules are on the ethics and morality.