能人型乡村治理的发生逻辑、法治张力及规制调适

The Occurrence Logic, the Tension of the Rule of Law and the Regulation Adaptation of Competent Rural Governance

“能人治村”模式作为乡村民主化过程中形成的特殊治理模式,具有较强的阶段性特征。在发生逻辑上,能人治村模式在治理、经济与组织维度回应了绩效导向下的发展追求、效益导向下的富裕追求及竞争导向下的效率追求。虽然能人治村模式中存在着积极因素,但仍面临着法治化转型的内在张力与困境。二者在时段上存在能人偶然性与法治持续性之间的张力、在行为上存在能人主观作为与法制客观规制之间的张力,在效能上存在能人权威性与法治普及性之间的张力。可从完善村庄法律服务体系,促进村庄法律普及率;依法建构权力监督体系,提高村民规则意识;不断推进制度立法,尊重地方经验性政治实践三个途径探析规制与调适路径,从而完善乡村治理体系与治理结构。

As a special governance model formed in the process of rural democratization, the "competent people ruling villages" model has evident phase-specific characteristics. In terms of the occurrence logic, the model of governance by competent people responds to the pursuit of development under performance orientation, affluence under efficiency orientation and efficiency under competition orientation in the dimensions of governance, economy and organization. Although there are positive elements in the model of rule by competent people, it still faces the inherent tension and dilemma of rule of law transformation. There is a tension between the occasional nature of the competent and the continuity of the rule of law in time, between the subjective action of the competent and the objective regulation of the legal system in behavior, and between the authority of the competent and the universality of the rule of law in effectiveness. The paths of regulation and adaptation can be explored in three ways: improving the village legal service system and promoting the popularity of village laws;constructing the authority supervision system according to law and improving villagers’ awareness of rules;and continuously promoting institutional legislation and respecting local empirical political practices, so as to improve the village governance system and governance structure.