国家权力视野下的乡村治理与基层法治——鄂西L县网格化管理创新调查

Village Management and Grassroots Rule of Law from the View of State Administrative Power

党的十八届三中全会提出创新社会治理体制的重大命题。鄂西L县自2013年底,开始全面推进乡村网格化建设,搭建管理信息化平台,拓展出"十户联防""民生110"和"律师进村面对面"等治理举措,大量使用网络、通讯等科技手段。这代表了后税费时代国家权力以技术治理的方式"重返乡村"的趋势。就L县的经验而言,不可过分迷信技术治理,一方面,技术治理只构成国家权力在乡村运作的一个维度,有其问题和限度;另一方面,在十八届四中全会"全面推进依法治国"的背景下,它又面临法治化要求的严格约束,形成了与基层法治的潜在张力。因而,国家基层政权的运行,应当遵循以法治外壳包裹国家权力政治性的原则。挖掘网格化管理的潜力,重视基层组织建设,最终,与技术治理相配合,重塑乡村治理的多个维度。

The important proposition of＂The innovation of social administration system＂was put forward in the Third Plenary Session of the 18 th Central Committee of the Communist Party of China in 2013. Since late 2013,L-County Government in the west of Hubei Province had been advancing governance measures with＂rural grid＂and management informatization platform which implemented network technology and communication technology extensively. Those governance doings are including ＂Joint-defense by Ten families＂,＂People＇s livelihood hotline 110＂and＂Face-to-face meeting with lawyers in the village＂. These actions above reveal the tendency that the state administrative power returns to rural areas through governance with technology in the post-taxation era. In consideration of L-County＇s experience,those governance measures with technology should not be overstretched. On the one hand,the state administrative power operation in rural areas has multi-dimension,but the governance with technology is just one of them. On the other hand,because the Fourth Plenary Session of the 18 thCentral Committee of the Communist proposed on a number of important issues in relation to ＂comprehensively governing the state under the Rule of Law＂in 2014,those governance measures with technology has to be strictly bound and produces potential tension with grassroots rule of law. Therefore,the operation of state grass-root regime should follow the important principle that the state power with political nature is surrounded by the rule of law shell. Only by tapping internal potential of governance measures with ＂rural grid＂,attaching importance to grass-root organization building and coordinating with governance with technology can the state reinvent multi-dimension of village management.