乡村社会的软法之治

Soft Law Governance in Rural Society

在乡村社会治理中,必须要认真对待软法,因为软法之治已然被视为加强公共治理、强化法治建设的重要路径。从历史向度而言,中国乡村社会具有悠久的软法之治传统,其经验或许能为我们提供某些有意义的借鉴。当代中国乡村社会软法之治经历了由底层创新到上层建制的发展之路,形成了国家导引下的基本制度框架。随着工业化、城镇化进程的加剧,乡村社会软法之治面临诸多问题,为此必须加强村委会自身建设,理顺'两委'关系及村委会与乡镇政府的关系,加强村规民约的治理功能,建立健全审查制度,从而促进乡村社会软法之治的健康发展。

We must take soft law seriously in rural social governance,because soft law governance has already been regarded as an important way to strengthen public governance and the construction of the rule of law.In terms of history,Chinese rural society has a long tradition of soft law governance,its experience may provide us with some meaningful lessons.The soft law governance has experienced the road from bottom innovation to upper construction in contemporary Chinese rural society,and formed the basic institutional framework under the guidance of the State.With the intensification of industrialization and urbanization,the soft law governance faces many problems in rural society.Therefore,it is necessary to strengthen the village committees construction,rationlaize the relationship between the'two committees'and the relations between the village committees and the township governments,strengthen the governance function of village regulations and agreements,and establish a sound review system in order to promote the healthy development of the soft law governance in rural society.