农村法治建设中的乡规民约
发布时间：2018-11-12 14:12
【摘要】： 社会转型期的农村正发生着翻天覆地的变化,由传统社会向现代社会转变。期间,国家法治建设也在逐步向乡村社会铺开进行。然而,代表着“现代性”话语的国家法并未如预期那样在农村发挥应有的作用,乡规民约等一系列的民间规则仍在维护乡村秩序方面起着不可替代的作用。若把乡规民约看作一种土生土长于乡村的非正式性规则制度,而国家法律当作一种外来的正式性制度,则可发现二者存在着某种契合,具有互补之作用。农村法治建设是国家法治进程的一重要组成部分,其好坏关系到整个法治建设目标能否实现。因而,在乡社会转型期,对乡规民约的正负功效进行研究,对乡规民约与国家法律的良性互动研究,于整个农村法治建设,乃至中国法治现代化建设都具有举足轻重的作用。 全文共分四章,围绕一个主题——法治建设中的乡规民约展开论述,进而为在我国农村法治建设中乡规民约如何扬其利、弃其弊提出了各项建议。各章主要内容如下:第一章采用定性的、历史的和实证的研究方法,从本土法治资源以及法社会学的角度来初探乡规民约的本体特征,并阐述乡规民约的法治价值。第二章主要从理论上多角度分析了乡规民约的生存空间与合理存在。第三章采用实证的研究方法分析乡规民约的局限性,乡规民约与国家法律的冲突根源大抵来自于此。第四章乡村法治化的关键——调适国家法律与乡规民约的冲突,是本论文的重点。此处论证了建构国家法与乡规民约良性互动机制的可行性,并对如何建构国家法律与乡规民约良性互动机制模式提出了一系列设想。
[Abstract]:The rural areas in the social transition period are undergoing earth-shaking changes, from the traditional society to the modern society. During this period, the construction of the country's rule of law is gradually spreading to the rural society. However, the state law, which represents the discourse of "modernity", does not play its due role in the countryside as expected, and a series of folk rules, such as the rules of the people, still play an irreplaceable role in maintaining the order of the countryside. If we regard the rural regulations as a kind of informal rule system born and raised in the countryside, and the national law as a kind of foreign formal system, we can find that the two have some kind of agreement and complement each other. The construction of rural rule of law is an important part of the process of national rule of law, and its quality relates to the realization of the goal of the construction of the rule of law as a whole. Therefore, in the transition period of the rural society, the study on the positive and negative effects of the rural rules and regulations and the positive interaction between the rural regulations and the national law plays an important role in the construction of the rule of law in the whole rural areas and even in the modernization of the rule of law in China. The full text is divided into four chapters, which focus on a theme, the rule of law in the construction of rural regulations, and then for the rural rule of law construction in our country how to promote their advantages and discard the disadvantages of various suggestions. The main contents of the chapters are as follows: the first chapter uses qualitative, historical and empirical research methods, from the perspective of local legal resources and sociology of law to explore the Noumenon characteristics of the rural rules of law, and elaborate the legal value of the rural rule of law. The second chapter mainly analyzes the existence space and reasonable existence of rural regulations from many angles. The third chapter uses the empirical research method to analyze the limitation of the rural regulations. The conflict between the rural regulations and the state law comes from this. The fourth chapter is the key of rural rule of law-to adjust the conflict between national laws and rural regulations, which is the focus of this paper. This paper demonstrates the feasibility of constructing the benign interaction mechanism between the state law and the township regulations, and puts forward a series of tentative ideas on how to construct the model of the benign interaction mechanism between the state law and the township regulation.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
[Abstract]:The rural areas in the social transition period are undergoing earth-shaking changes, from the traditional society to the modern society. During this period, the construction of the country's rule of law is gradually spreading to the rural society. However, the state law, which represents the discourse of "modernity", does not play its due role in the countryside as expected, and a series of folk rules, such as the rules of the people, still play an irreplaceable role in maintaining the order of the countryside. If we regard the rural regulations as a kind of informal rule system born and raised in the countryside, and the national law as a kind of foreign formal system, we can find that the two have some kind of agreement and complement each other. The construction of rural rule of law is an important part of the process of national rule of law, and its quality relates to the realization of the goal of the construction of the rule of law as a whole. Therefore, in the transition period of the rural society, the study on the positive and negative effects of the rural rules and regulations and the positive interaction between the rural regulations and the national law plays an important role in the construction of the rule of law in the whole rural areas and even in the modernization of the rule of law in China. The full text is divided into four chapters, which focus on a theme, the rule of law in the construction of rural regulations, and then for the rural rule of law construction in our country how to promote their advantages and discard the disadvantages of various suggestions. The main contents of the chapters are as follows: the first chapter uses qualitative, historical and empirical research methods, from the perspective of local legal resources and sociology of law to explore the Noumenon characteristics of the rural rules of law, and elaborate the legal value of the rural rule of law. The second chapter mainly analyzes the existence space and reasonable existence of rural regulations from many angles. The third chapter uses the empirical research method to analyze the limitation of the rural regulations. The conflict between the rural regulations and the state law comes from this. The fourth chapter is the key of rural rule of law-to adjust the conflict between national laws and rural regulations, which is the focus of this paper. This paper demonstrates the feasibility of constructing the benign interaction mechanism between the state law and the township regulations, and puts forward a series of tentative ideas on how to construct the model of the benign interaction mechanism between the state law and the township regulation.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
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