中国乡村治理现代化的法治逻辑及实施路径

The Logic of the Rule of Law and Implement Approaches of the Modernization of Rural Governance in China

法治是中国乡村治理现代化的核心议题之一。在“三治融合”的乡村治理体系中,法治维护乡村居民的基本权利和社会的公平正义,是自治的前提和保障,与德治价值取向一致,法治化水平与中国乡村治理体系和治理能力现代化水平呈正相关。受工业化、城市化影响,现阶段中国乡村发生了深刻变化,社会结构愈加复杂,各类主体利益关系深度调整,迫切需要现代化的法治治理。目前,尚存在乡村治理制度体系不完善,乡村社会法治实践不充分,多主体参与乡村治理法治化的体制机制待健全等问题。需要以加大制度供给、规范主体行为、强化多主体协同、营造法治氛围等为着力点进行解决,加速乡村治理法治化进程。

The rule of law is one of the core issues in the modernization of rural governance in China.In the rural governance system of the“three governance integration”,the rule of law safeguards the basic rights of rural residents and social equity and justice.As the prerequisite and guarantee of autonomy,the rule of law is consistent with the value orientation of the rule of virtue,which is positively correlated with the modernization of China’s rural governance system and governance capacity.Under the influence of industrialization and urbanization,profound changes have taken place in China’s rural areas at present stage that the social structure has become increasingly complex and the interests of various subjects have been deeply adjusted,thus the modernizing governance under the rule of law be-ing urgently needed.However,there are still problems such as imperfect system of rural governance,inadequate practice of the rule of law in rural society,and the institution of multi-subject participation in rural governance under the rule of law to be perfected.It is necessary to solve these problems by increasing the supply of institutions,standardizing the behavior of subjects,strengthening the coordination of multi-subjects,and creating a legal atmosphere,thereby accelerating the process of the rule of law in rural governance.