村规民约的效力:道德压制,抑或法律威慑

Force of Village Regulations and Agreements:Moral Repression or Legal Deterrence

在我国传统社会中,乡规民约与国家法律在各自领域中依据不同的规则调整着社会秩序。革命和改革改变了乡规民约的社会基础,国家权力的渗透制约了乡规民约运行的空间。在现代社会发展中,民间规约与国家法律此消彼涨,在互动过程中渐次提升村民的现代法律意识,进而推动法治中国缓慢发展。

In our traditional society,village regulations and agreements as well as national law adjust the social order in accordance with different regulations.Revolution and reform have changed the social basis of village regulations and agreements while the penetration of national law has restricted the space for village regulations and agreements to work.In the development of modern society,village regulations and agreements and national law rise and decline by turns.Therefore,in the interacting process,farmers＇ modern consciousness of law should be enhanced gradually so as to promote the slow development of China ruled by law.