明清徽州村规民约治理理念及法理反思

A Study on the Idea and Jurisprudential Basis of Village Rules in Huizhou Area during the Ming and Qing Dynasties

明清徽州村规民约是在当时乡村村落结构和国家法的整体框架下形成的乡村治理模式。以"礼"为核心价值,引导稳定的社会秩序;以村民共同利益为宗旨,设定普遍遵循的行为规范;以惩罚性措施为保障,维护村规民约的权威三个方面体现了其治理理念及功能。明清徽州村规民约是国家法的必要补充和延伸,是传统乡村社会治理的典型形态,其合理成分为当代村规民约的完善提供了有价值的借鉴。

Village rules in Huizhou area during the Ming and Qing dynasties formed under the overall framework of village structure and state law at that time were a rural governance model. The idea and functions of such rules include the following three aspects： firstly, with ＂courtesy＂ as its core value, village rules played an important role in maintaining stable social order. Secondly, with protecting villagers＇ common interests as the aim, the rules contributed to setting codes of conduct that were generally accepted. Thirdly, with punitive measures as the guarantee, the authority of those rules was well maintained. In conclusion, village rules in Huizhou area during the Ming and Qing dynasties were a supplement and extension to state law, which have not only showed a typical form of traditional country governance at that time, but also have provided a guidance for the improvement of modern rural rules.