乡村司法与国家治理——以乡村微观权力的整合为线索

Rural Justice and State Governance

改革开放以后,国家行政权力上收,农业税取消,中国乡村社会出现了"乡政"与"村治"的矛盾与冲突。这直接削弱了国家对乡村社会的动员和管理能力。乡村司法既受国家权力影响,又受传统乡村宗族关系、习俗和秩序回潮所形成的多元微观权力文化网络的影响。基层法院承担着国家权威向乡村社会渗透、重塑国家权威基础和驯服乡村微观权力形态等政治任务。乡村司法不可能像法治论所主张的那样,建立在法律与政治完全分离的基础上,也不可能像治理论所主张的那样,完全建立在"地方性知识"的基础上。正确处理意识形态和乡村司法之间的关系,提升乡村司法的技术治理水平,并以此为基础整合乡村微观权力,是乡村司法必须面对的重要问题。

As a result of the centralization of the state administrative power and the abolition of agri-cultural tax during the reform and opening up, various conflicts between ＂township administration＂ and ＂village autonomy＂ have gradually emerged in Chinese rural society, which have directly im- paired the state＇ s capacity to mobilize and administrate the rural society. Rural justice was suscepti- ble to the influence of not only the state power, but also the multi-cultural network of rural micro pow- er emanating from traditional rural clans, customs and returned orders. Grassroots courts have under- taken such political tasks as realizing the penetration of state power into rnral society, reshaping the basis of state power, and taming rural micro power. In order to ensure the submerging of state power, some necessary controls, such as evaluation mechanism, rural judicial discipline and ideological infil- tration, have been exercise on rural justice by the state. Rural justice survives in between state power and rural micro power. It could play its role neither on the basis of complete separation of law and politics, as advocated by the theory of formal legality, nor completely on the basis of ＂local knowl- edge＂, as advocated by the theory of governance. Organization and mobilization are still significant methods used to submerge the state power into rural society. Local judicial officials always adopt a pragmatic strategy in the filing and trial of cases and in the execution of judgments. Therefore, an im- portant question faced by rural justice is how to correctly handle the relationship between ideology and rural justice, improve the technical governance of rural justice, and integrate rural micro powers.