乡村振兴战略下村规民约功能体系研究——基于新制度主义理论

Function System of Village Rules and Regulations Under Rural Revitalization Strategy ——Based on Theory of New Institutionalism

实施乡村振兴战略,要健全自治、法治、德治相结合的乡村治理体系。村规民约作为一种重要的乡村治理机制,在“治理有效”的总要求下,其有效性是乡村振兴的应有之义。对该问题的研究,可以还原到新制度主义及其制度有效性理论之中,即制度的有效性是制度实现其预期功能目标的效果。通过借鉴该理论发现,在乡村振兴战略背景下,村规民约主要应从民主参与、社会整合、权益维护三个层面发挥自治功能;从预期导向、规制惩戒、化解纠纷三个层面发挥法治功能;从道德教化和文化传承两个层面发挥德治功能。三者之间既存在一定的张力,又相辅相成、相互贯通。

In order to advance rural revitalization strategy,it is necessary to improve the rural governance system that combines autonomy,rule of law and rule of virtue.As an important rural governance mechanism,the effectiveness of village rules and regulations is an integral part of rural revitalization under the overall requirement of “effective governance”.The study of this problem can be restored to the new institutionalism and its theory of institutional effectiveness,that is,the effectiveness of institutions is the effect of institutions to achieve their expected functional goals.By referring to the theory,it is found that under the background of rural revitalization strategy,village rules and regulations should play the function of self-governance from three aspects such as democratic participation,social integration and rights and interests protection;play the function of rule of law from three aspects such as expectation orientation,regulation and punishment,and resolving disputes;play the function of rule of virtue from two aspects such as moral education and cultural inheritance.There is a certain tension among the three,which complement each other and penetrate each other.