历史、现实、重塑、整合:现代乡村治理体系中的村规民约研究

History,Reality,Remodeling and Integration: A Study of Village Rules and Regulations in the Modern System of Village Governance

乡村治理是一个多元竞演的场域,村规民约因其自身的乡土优势,自古就是重要的乡土竞演规则。随着国家政权和政策的演变,这套乡土秩序规则历经了辉煌、式微、转型三个阶段,当前重新活跃在广大乡村。作为一种村民自决产生、沿袭传统道德、发挥"法律"约束的文本,其与当前建构集自治、德治、法治于一体的新型乡村治理体系不谋而合。现代乡村治理体系的建构应该发挥村规民约的重要作用。但当前由于制定程序缺乏民主、乡村共同体消解、乡土逻辑与法治逻辑缺乏调适导致村规民约难以发挥其在促进乡村自治、德治、法治上的作用。建构现代乡村治理体系,应完善村规民约制定的民主程序、重构乡村公共意识、调适乡土逻辑与法治逻辑。

Village governance is a field of multiple competitions. Because of its own local superiority,village rules and regulations have been important local competition rules since ancient times. With the evolution of state power and policies,the rules of local order have undergone three phases of glory,style and transformation,and are now re-active in vast rural areas. As a text produced by villagers' self-determination,following the traditional morals and exerting the"legal"restraint,it coincides with the new system of village governance integrating self-government,rule of virtue and rule by law. The construction of modern village governance system should develop the important role of village rules and regulations. However,due to the lack of democracy in the rulemaking procedure,the dissolution of the village community and the lack of the adaptation of the local logic and the logic of rule by law,it is difficult for the village conventions to exert its role in promoting rural autonomy,rule of virtue and rule of law. To construct a modern village governance system,the democratic establishing procedures of village rules and regulations should be perfected,the public awareness of the village should be reconstructed and the local logic and the logic of rule by law should be adapted.