从礼俗到法治:基层政治生态运行的秩序变迁

From Etiquette and Customs to Rule of Law:the Transition of Order in Primary-level Political Ecosystem

历经近代西方国家的冲击,维系传统基层政治生态运行的礼俗秩序不断枯萎,但其依旧是影响基层政治生态运行的重要秩序。"法治秩序"伴随着近代以来的国家政权建设不断渗入基层社会政治生活,但在撤社建乡后,法治秩序由于基层政权被削弱而呈现出一种近乎于"无秩序"的状态。改革开放以来,民众个人利益得到增长,群体利益不断分化,非正式力量不断地影响基层社会,使得当前基层政治生态呈现出非正式与正式、传统与现代、礼俗与法治多元秩序交叉共存的局面。构建现代基层社会政治生态并不是要割裂传统,而是着力于在传统礼俗秩序和现代法治秩序的交融中找到基层政治生态运行的秩序基础平衡点,既要不断完善法治,又要给礼俗秩序预留发展空间,不断促进礼俗与法治的接轨。

Rocked by Western countries in modern times,the order maintained by etiquette and customs that kept the running of traditional primary-level political ecosystem constantly withered,but it was yet influential. With the regime construction since modern times,the order of"rule of law"continuously infiltrated into social and political life at primary level. However,after replacing Commune with township,it was in disorder due to the weakened primary-level regime. With the increasing individual interests and continuous differentiation of group interests since the reform and opening up,informal forces keeps impacting primary-level society,which enables the primary-level political ecosystem to be featured as coexistence of multi-orders: informal and formal ones,modern and traditional ones,etiquette and customs and rule of law. To build modern primary-level political ecosystem does not mean splitting with tradition,but focus on seeking balance between traditional order of etiquette and customs and modern order of rule of law. While improving the rule of law,we should also reserve space for traditional order of etiquette and customs,thus promoting the harmonious development of the two.