民俗习惯在乡村治理中的秩序维护功能分析——基于广西南宁市金陵镇的调查

An Analysis of the Order Maintenance Function of the Folk Customs in Rural Governance——A Case Study of Jinling Town in Nanning City of Guangxi

习惯是民族地区乡村治理内生秩序的基础,尽管多数习惯不具有法律规范三要素之特征,但它仍然是村民的日常行为准则。习惯的作用无处不在,涵盖了村民生产生活、出生死亡的全部时空,它以潜移默化的方式规范着村民的行为并实现代际传承,遵守习惯,村民将会获得心灵抚慰,违反习惯将会遭受报应,习惯的强制力源于村庄舆论与因果报应的心理压力。正确对待并充分发挥习惯在乡村治理中的作用,通过习惯与法律的互动实现乡村秩序的稳定和谐,是乡村治理中辨析和综合利用制度资源的重要内容。

Folk customs form the foundation for the endogenous order of rural governance in ethnic regions. Although most of the customs are not characterized with the three elements of legal norms, they are still observed as behavior criteria in villagers daily life. With the great influence covering every aspect of the villagers production and life from birth to death, folk customs regulate the villagers behaviors in a subtle way and are inherited from generation to generation. Those who observe the customs enjoy spiritual comfort, while those who violate them will suffer from retribution. The force of customs comes from the public opinion of the villagers and the psychological pressure of their karma belief. It is an important part of identifying and comprehensively utilizing the system resources in rural governance to appropriately acknowledge and give full play to the role of folk customs in rural governance, as well as to achieve the stable and harmonious rural order through the interaction between the customs and the law.