硬软法兼治的村民自治制度

Villager Autonomy System under Mixed Management of Hard Law and Soft Law

乡土社会的法治建设通过国家强行推行硬法显得单一和无力,而软法大量存在于村民自治领域并且发挥着重要的作用。因此,极为必要挖掘村民自治制度背后蕴含的"软法现象",探究硬法和软法的表现形式及各自功能;同时要构建村民自治中硬软法共存的和谐机制,以最大限度发挥软法和硬法各自的优势,"携手"把村民自治制度引入理性的法治轨道。

Construction of the rule of law of the rural society by the country imposing hard law seems single and weak; however,a large number of soft law exists in the field of villagers＂ autonomy and plays an important role. Therefore, it is necessary to excavate phenomenon of ＂soft law＂ behind the villager autonomy system, explore the expression form and function of hard law and soft law, and put forward the coordinate symbiosis system of hard law and soft law, in order to maximize respective advantage of the hard and soft law and lead the villagers autonomy sys- tem into the rationality of law track hand in hand.