乡村治理现代化中的正式制度与乡规民约:一种制度分析

Formal System and Village Rules in Modernization of Rural Governance: An Institutional Analysis

制度建设是乡村治理现代化核心议题之一。以法律法规为核心的正式制度与以乡规民约为核心的非正式制度在价值共识层面具有契合通约性,二者的耦合衔接质量与乡村治理体系和治理能力现代化水平呈正相关。在乡村治理现代化制度建设过程中,正式制度与非正式制度之间存在“反哺—逆反哺”的复杂关系,既相互竞争,又相互补充,呈现多维交叉、互动博弈的显著特征。在以法治思维奠定乡村治理制度建设底层逻辑的基础上,基于互动视角促进正式制度与非正式制度“螺旋式”融合,不仅有利于推进乡村治理体系和治理能力现代化,也有助于解决乡村治理现代化面临的地方性问题。因此,新时代乡村治理现代化需在遵循“以人民为中心”理念基础上,科学构建正式制度与非正式制度的制度结构,既合理激发非正式制度促进善治的德治功能,又夯实“权在法下”的法治观念,进而形成面向新乡土社会的乡村治理现代化制度体系。

Institutional construction is one of the core issues of rural governance modernization. The formal system with laws and regulations as the core and the informal system with township rules and regulations as the core have the consistency at the level of value consensus. The coupling quality of the two is positively related to the modernization level of rural governance system and governance capacity. In the process of rural governance modernization system construction, there is a complex relationship between formal system and informal system of “back-feeding and reverse-feeding”, which is both competitive and complementary to each other, showing the remarkable characteristics of multi-dimensional interactive game. On the basis of establishing the underlying logic of rural governance system construction with the rule of law thinking, promoting the “spiral” integration of formal and informal institutions based on the interactive perspective is not only conducive to promoting the modernization of rural governance system and governance capacity, but also conducive to solving the local problems faced by the modernization of rural governance. Therefore, the modernization of rural governance in the new era needs to follow the concept of “taking the people as the center”, scientifically construct the institutional structure of formal and informal institutions, not only rationally stimulate the function of moral governance of informal institutions to promote good governance, but also consolidate the concept of “power under the law”, so as to form a modern rural governance system oriented to the new rural society.