村规民约的治理困境与立法保障研究--以设区的市立法为切入点

Study on the Problems with Rural Governance Rules and Regulations and the Legislative Guarantee: From the Perspective of the Legislation of Cities with Districts

村规民约是基层群众自治的直接、重要手段,但是其强制力微弱和救济途径缺乏等现实困境制约了其作用发挥。在自身力量难以摆脱困境的背景下,探寻有力的外力是治理的必然选择。设区的市的立法作为国家立法层级的末梢,贴近乡村治理的实践,无疑是乡村法治的优越选择。以设区的市立法规范村规民约的内容,规范制定和修改程序,健全审查机制等措施是深化依法治国实践的应有之义和践行乡村振兴战略的有效选择。

Rural rules and regulations are direct and important means for grass-roots governance, but the lack of coercive force and relief channels and other practical difficulties restrict their roles. Beyond capacity to solve these problems, it’s inevitable to resort to stronger external forces of governance. As the lowest level of national legislative hierarchies, the legislation of cities with districts is closest to rural governance practice, undoubtedly a superior choice for rural governance by law. Use of the legislation of cities with districts to regulate rural rules and regulations, to standardize formulation and revision procedures, and to improve review mechanisms, etc. is inherent in the practice of improving national governance by law as well as an effective choice for implementing the rural revitalization strategy.