断裂与更替:普及时期村规民约的法治化

Break and Renewal: Village Regulations under Rule of Law in the Era Universal Adoption

村规民约进入普及化新时期后,日益突出的授权性、法定性特征使其在外延、属性和适用等方面与历史上的村规民约出现了一定的断裂,面临着国家意志过度注入、文本内容形式化、规范结构不完整、适用场域空心化等新问题。法学理论和制度建设需要与时俱进地更替,特别是协调好授权性与合意性之间的关系,在时机成熟时制定村规民约立法,将间接的仲裁介入作为国家调控村规民约的主要方式,完善村规民约的规范结构,创新村规民约工作机制,在与自治、德治的融合中寻找法治化的路径。

In the era universal adoption, village regulations distinguish themselves from their historical predecessors in extension, attributes, and application due to their consistent legalization, while problems like excessive input of national laws and policies, formalism, incomplete rules pattern and the hollowing out countryside continues call for new legal doctrines and supporting institutions, such as making law on village regulations, taking arbitrating disputes as a major intervention by the state, improving their rules pattern and innovating operation mechanisms. The way to rule of law for village regulations in the era universal adoption lies in the integration of rule of law, autonomy and morality, and a balance between authorization and consensuality.