结构混乱与迎法下乡--河南宋村法律实践的解读

Structural Disorder and "Receiving Law in the Countryside"——An Interpretation of Legal Practice in Songcun Village,Henan

与费孝通"乡土中国"的理想类型相比,今天,农民的价值观念、行为逻辑和联结模式都正在发生质变。当下中国农村,已不是"乡土中国"、"熟人社会"所能简单概括,乡村法律实践的场景和逻辑也随之发生变迁。农村的社会结构、价值观念的剧变,加剧了法律的荷载。农村社会呈现出"结构混乱",而非仅仅是"语言混乱",这导致了当前村庄内生力量无法有效整合秩序。在越来越具有现代性特征的乡村社会,国家法律已日益成为维护社会秩序、促进社会和谐、保障新农村建设的不可或缺的力量,"迎法下乡"已有了现实需求。

Compared with the ideal type of 'rural China' proposed by Fei Xiaotong, China's villages are today witnessing major changes in terms of the nature of farmers' values, behavioral logic and linkage patterns. Villages today can no longer be adequately described by concepts such as 'rural China' and 'acquaintance society'; and there is a corresponding change in the setting and logic of rural legal practice. The dramatic change in rural values and social structure has increased the burden on law. Not only 'discourse disorder' but also 'structural disorder' has been observed in rural society; this means that endogenous village forces are unable to keep order effectively. In a rural society that is taking on more and more of the features of modernity, national law plays an increasingly indispensable role in maintaining social order, promoting a harmonious rural society and ensuring the construction of the new countryside. These realities demand that we 'receive law in the countryside.'