村规民约与国家法的冲突问题探讨

Discussion on the Conflict between Village Rules and National Laws

立足实际问题,考察不同学者观点,基于对村规民约的性质探讨,指出当前村规民约与国家法的冲突主要表现为村规民约中的惩处措施在国家法的治理模式下出现了不适应的表征,因而提出要完善备案审查机制以及运用民事诉讼规则的方式破解上述问题的建议,从而实现基层治理中民主与法治的辅成。

With the deepening of the national law on rural governance,the conflict between the village rule and the national law also appears. How to better balance the advantages and disadvantages,and achieve a good interaction between the village rules and the national law,has become an important task of current grassroots governance. Based on the actual problem,different scholars point of view,based on the properties of village regulations,points out the conflict between the current village regulations and national law mainly for village regulations of punishment measures under the governance of national law don＇t adapt to the characterization,and perfecting the record review mechanism,using the way of civil procedure rules to understand the above problem,realize the harmony of grassroots governance democracy and the rule of law.