论中国乡村社会法治秩序的建构

On Establishment of the Order of Rule by Law in the Countryside of China

当代中国乡村社会正处于从传统社会向现代社会转型,从礼治秩序向法治秩序转变的过渡时期,在混杂多元的社会秩序中确立法治秩序在乡村社会的权威地位,并使其发挥最佳效用,是乡村社会法治秩序建构的关键。本文认为,中国传统的中庸思想对建构国家法与民间法良性互动关系,实现诉讼解纷方式与非诉讼解纷方式的互补与融合.培育乡民的现代法律意识,处理乡民与国家权力的关系,从而成功实现乡村社会法治秩序的建构,具有重要的方法论意义。

Rural China is undergoing a transmission from traditional society to the modern one, from the order of rule by morality to that of rule by law. In the multifactor society, the key to establishing the order of rule by law is to affirm the authoritative position of rule by law. It is pointed out in this paper that traditional Chinese doctrine of the mean is of great importance to establish the interactive relationship between constitution on state and private regulations, achieve the complementarity and conformity of settling a dispute by means of accusation or non-accusation, cultivate the villager's modern legal sense and achieve the establishment of the order of rule by law in the countryside.