人情文化对乡村法治思维的影响——以浙江绍兴部分乡村为例

Influence of Villagers' Culture on Legal Awareness in Rural Areas——An Illustrative Study of Some Counties in Shaoxing,Zhejiang Province

经过数千年的民俗文化积淀,中国传统乡村社会形成了各具特色的熟人社会人情观念。然而乡村治理结构的现代化是在现代司法制度的基础之上实现的,其前提是法治思维要深入人心。就目前而言,两者在多个层面上存在难以有效整合的问题。以浙江绍兴的部分乡村为例,分析了乡村社会人情文化的特征、由来以及法治思维在乡村治理中的现状,从乡村治理中人情文化影响法治思维角度入手,揭示二者相互作用与产生影响的几种表现形式,并提出促进人情文化与法治思维有效融合的对策。

Having accumulated folk culture for thousands of years,China ＇s traditional rural society has formed varied unique villagers＇ culture. However,the modernization of rural governance should be realized based on the modern judicial system and the legal awareness must be well-acknowledged by all villagers. But now,the two are ineffectively matched at many planes. Taking some counties in Shaoxing,Zhejiang province as an example,the paper analyzes the status quo of the characteristics and origin of villagers＇ culture,and the legal awareness in the rural society. Starting from the impact of villagers＇ culture on law thought in rural governance,it then endeavors to bring insight into several forms of the interaction between the two and put forward some strategies for the promotion of the effective integration of villagers＇ culture into legal awareness in rural areas.