中国法治化进程中的村规民约问题
发布时间：2019-03-12 17:42
【摘要】：本文立足于以往学者对民间法与国家法关系的研究,试图探讨当代村规民约与法治化建设的关系。 在古代中国,士绅统治阶级为了维护统治秩序和自身的经济利益,利用宗法关系制定了约束管理村民的乡规民约,使之成为维持农村基层的宗法社会秩序的不可或缺的调节工具和控制手段。解放后,中国农村的宗法关系被打破了,在当代农村改革和发展的进程中,新的现代法律手段不断被引入到农村社会的管理当中。但是,古老的村规民约并没有随着农村宗法制度的瓦解而消失,随着农村以家庭为单位的生产方式在当代的恢复和与此相适应的村民自治的发展,村规民约这种行为规范方式,重新在中国广大农村兴起,成为人民民主专政制度下农民实行自我管理、自我教育、自我服务的村民自治手段。由于当代中国农村生产方式已回归于传统,农村社会生活方式也不可避免地受到本来就残存着传统观念和习俗的影响,这在村规民约中不可能不体现出来。因而,在我国当代建设法治国家的历史进程中,村规民约中重现的传统观念因其与现代法制理念的差异,必然导致两者的冲突。 本文在重新界定村规民约的概念,厘清其历史渊源、法律属性和社会功能的基础上,分析村规民约在当下中国存在的必然性和合理性,解读村规民约与法治化建设之间的冲突现状及其产生原因,探求促进两者衔接的新途径,以期推动我国农村法治化建设的顺利进行。
[Abstract]:Based on the previous scholars' research on the relationship between folk law and state law, this paper tries to explore the relationship between the contemporary village regulation and the rule of law. In ancient China, the gentry ruling class, in order to maintain the ruling order and their own economic interests, made use of patriarchal relations to draw up country rules and regulations for the management of villagers. Make it become the indispensable adjustment tool and control means to maintain the patriarchal social order at the grass-roots level in rural areas. After liberation, the patriarchal relations in rural areas of China have been broken. In the process of contemporary rural reform and development, new modern legal means have been constantly introduced into the management of rural society. However, the ancient village regulations did not disappear with the collapse of the patriarchal system in the countryside. With the restoration of the family-based mode of production in the countryside and the development of the self-government of the villagers corresponding to this, the behavior of the village rules and regulations was this kind of behavior norm. It has become a means of self-management, self-education and self-service for peasants under the people's democratic dictatorship system. As the contemporary Chinese rural mode of production has returned to the tradition, the rural social way of life is inevitably influenced by the traditional ideas and customs, which can not but be reflected in the village rules and conventions. Therefore, in the historical process of building a country ruled by law in our country, the traditional ideas reappeared in the village rules and regulations will inevitably lead to the conflict between them because of the difference between them and the modern legal concepts. On the basis of redefining the concept of village convention and clarifying its historical origin, legal attribute and social function, this paper analyzes the inevitability and rationality of the existence of village convention in China at present. In order to promote the construction of the rule of law in the countryside of our country, this paper analyzes the current situation and causes of the conflict between the civil contract and the rule of law, and explores a new way to promote the connection between the two.
【学位授予单位】：武汉科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
[Abstract]:Based on the previous scholars' research on the relationship between folk law and state law, this paper tries to explore the relationship between the contemporary village regulation and the rule of law. In ancient China, the gentry ruling class, in order to maintain the ruling order and their own economic interests, made use of patriarchal relations to draw up country rules and regulations for the management of villagers. Make it become the indispensable adjustment tool and control means to maintain the patriarchal social order at the grass-roots level in rural areas. After liberation, the patriarchal relations in rural areas of China have been broken. In the process of contemporary rural reform and development, new modern legal means have been constantly introduced into the management of rural society. However, the ancient village regulations did not disappear with the collapse of the patriarchal system in the countryside. With the restoration of the family-based mode of production in the countryside and the development of the self-government of the villagers corresponding to this, the behavior of the village rules and regulations was this kind of behavior norm. It has become a means of self-management, self-education and self-service for peasants under the people's democratic dictatorship system. As the contemporary Chinese rural mode of production has returned to the tradition, the rural social way of life is inevitably influenced by the traditional ideas and customs, which can not but be reflected in the village rules and conventions. Therefore, in the historical process of building a country ruled by law in our country, the traditional ideas reappeared in the village rules and regulations will inevitably lead to the conflict between them because of the difference between them and the modern legal concepts. On the basis of redefining the concept of village convention and clarifying its historical origin, legal attribute and social function, this paper analyzes the inevitability and rationality of the existence of village convention in China at present. In order to promote the construction of the rule of law in the countryside of our country, this paper analyzes the current situation and causes of the conflict between the civil contract and the rule of law, and explores a new way to promote the connection between the two.
【学位授予单位】：武汉科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
【引证文献】
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