法治社会建设中村规民约的定位与功用

The Position and Function of Village Rules and Conventions in the Construction of Society Ruled by Law

在法治社会建设中,以村规民约为核心的特定社会规范,成为国家推动社会生活规范化的制度载体。在规范属性上,村规民约是与法律相协同的特定社会规范,具有鲜明的政策指向性。其执行力依赖自身在特定地域内的社会合法性,在实施中通过基层民主方式形成社会确认。在制度功能上,村规民约具备良好的社会适应性,有助于降低正式制度的实施成本,弥补法律、政策的不足。村规民约的实施,有利于在村民自治框架下强化法治建设,统筹德治建设,赋予自治以实质性内容;有助于在具体治理场域中促进“三治”结合,推动社会治理的法治化。法治社会建设应当克服法治工具主义立场,强化对综合治理方式的法治约束,为村规民约的发展提供更具包容性的法治空间。

In the construction of a society under the rule of law, the specific social norms with village rules and people’s covenants as the core have become the institutional carrier for the state to promote the standardization of social life. In terms of normative attributes, village rules and covenants are specific social norms coordinated with national laws and have distinct policy directivity. Its execution force depends on its own social legitimacy in a specific region and forms social confirmation through grassroots democracy in the implementation. In terms of institutional functions, village rules and regulations have good social adaptability, which helps to reduce the implementation cost of formal systems and supplement the deficiencies of laws and policies. The implementation of village rules and conventions, strengthening the construction of the rule of law under the framework of villagers’ autonomy, coordinating the construction of the rule of virtue, and endowing autonomy with substantive content are conducive to promoting the combination of “three governance” in specific governance fields and promoting the rule of law in social governance. The construction of a society under the rule of law should overcome the instrumentalism of the rule of law, strengthen the rule of law constraints on the comprehensive governance mode, and provide a more inclusive rule of law space for the development of village rules and regulations.