探析法治现代化进程中乡规民约的价值

发布时间：2018-06-10 19:58

本文选题：法治功能 + 建设　；参考：《江西师范大学》2010年硕士论文

【摘要】： 随着经济全球化进程的加快,我国为了尽快建立起与市场经济相适应的法律体系,以国家强制力为后盾,大量移植经济发达国家和地区的法律,迅速建立起了一套相对比较先进的法律制度。然而,通过移植而建立起来的法律在一定程度上因缺乏必要的本土适应性不易甚至不为人们所普遍接受,也无法成为人们的行为规范。在中国的法治建设中法律的本土适应性以及能够为其做出巨大贡献的本土资源越来越受到人们的关注。乡规民约作为中国本土资源的重要组成部分,同样受到了充分的重视,也受到了一些专家、学者的广泛研究。前人对乡规民约的研究主要是从传统文化的视角进行的,并取得了一定的成果。但很少有人从经济因素、文化因素、政治因素、社会因素全方位对乡规民约进行更深刻的剖析。本文用系统论的方式对乡规民约存在的合理性进行了全面的论述,并在研究乡规民约的法治功能和乡规民约与国家法的互动方面运用了法经济学成本效益分析方法和哈特的规则理论。以此来阐明乡规民约在中国法治现代化建设中的重要性,并对如何消解乡规民约与国家法的冲突,乡规民约如何在立法及司法层面向国家法转化进行了论述。说明了我们需要重视的乡规民约是何种意义上的乡规民约。
[Abstract]:With the acceleration of the process of economic globalization, in order to establish a legal system adapted to the market economy as soon as possible, our country, backed by national coercive power, has transplanted a large number of laws from developed countries and regions. A relatively advanced legal system was quickly established. However, to some extent, the laws established by transplantation are not easy to be accepted or even accepted by people due to the lack of necessary local adaptability, nor can they become the norm of people's behavior. People pay more and more attention to the local adaptability of law and the local resources which can make great contributions to the construction of Chinese rule of law. As an important part of the local resources of China, the rural regulations have also been paid full attention to, and have also been extensively studied by some experts and scholars. The previous researches on the rural rules and regulations have been carried out mainly from the perspective of traditional culture. And achieved certain results. But few people from the economic factor, the cultural factor, the political factor, the social factor omnidirectional carries on the deeper analysis to the township rule. In this paper, the rationality of the existence of rules and regulations in rural areas is comprehensively discussed in the way of system theory. The author also applies the cost-benefit analysis method of law and economics and Hart's rule theory to study the function of rule by law of rural regulations and the interaction between rural regulations and state law. In order to clarify the importance of rural regulations in the modernization of the rule of law in China, this paper discusses how to resolve the conflict between the rural regulations and the state law, and how to transform the rural regulations into the state law at the level of legislation and judicature. It explains what kind of rural regulations we need to pay attention to.
【学位授予单位】：江西师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：C912.82

【引证文献】