传统乡规民约的基层社会治理与现代转换价值

发布时间：2018-07-16 14:54

【摘要】：传统乡规民约在历代基层社会治理中发挥了极为重要的作用。"劝善性"乡规民约倡导乡民"德业相劝""过失相规""礼俗相交""患难相恤",在乡村社会通过行教化而益善行、厚风俗、锻造伦理美德;"惩戒性"乡规民约对存在于乡民社会的赌害、盗匪、斗殴、有伤人伦风俗、破坏环境生态的行为进行"罚处",通过惩戒实现乡村社会良好秩序之维持。传统乡规民约的历史价值体现在:以教化民、以礼成俗;调解息讼、维护稳定;弥补国家法不足。我们在挖掘传统乡规民约基层社会治理价值、促成其现代价值转换时,应当克服传统乡规民约漠视乡民主体权利的倾向,充分保障乡民人权;应当克服乡民诉讼意识窒息的倾向,注重提升民众的法律意识;在充分发挥其处理"民间细故"的裨助作用而弥补国家法不足的同时,不能越过国家法的"红线"。
[Abstract]:The traditional village rules and regulations have played an extremely important role in the social governance at the grassroots level in the past dynasties. " Persuasion "the rules of the Rural people advocate the Rural people", "fault mutual rules," courtesy and custom "," compassion for difficulties ", in rural society, through the practice of enlightenment and good deeds, good practices, good customs, Forging ethical virtue; "punishing" the behavior of "discipline" in the gambling and harm, banditry, fighting, wounding the customs of people, destroying the environment and ecology, and realizing the maintenance of the good order of the rural society through discipline. The historical value of the traditional rural regulations is reflected in: to educate the people, to become a custom; to mediate litigation, to maintain stability; to make up for the lack of national law. We should overcome the tendency of disregarding the rights of the main body of the villagers and fully protect the human rights of the villagers when we excavate the value of social governance at the grass-roots level and promote the transformation of their modern values. We should overcome the asphyxiation tendency of litigation consciousness of villagers, pay attention to raising the legal consciousness of the public, and make up for the deficiency of national law by giving full play to its beneficial role in dealing with the "folk fine reasons" and at the same time, it cannot cross the "red line" of the national law.
【作者单位】：湘潭大学法学院;
【分类号】：D920.0;D422.6

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