当代苗族村规民约的罚款研究

发布时间：2019-06-04 17:42

【摘要】：在我国，村规民约可谓是历史悠久。目前，村规民约的生存现状是，在经济比较落后的农村社会仍然熠熠生辉，反之，则越来越不被承认。在那些些比较落后偏远的少数民族地区，村规民约的功能依旧明显，其权威性依旧得到广大村民的认可。在学界，因为村规民约中的处罚规定也引起了不小的争论，进而法理层面的探讨也显得非常必要，村规民约存在的一些现实价值还是值得肯定的，因而有必要为村规民约的存在保留一定空间，但那些明显与国家法冲突、损害公民基本权利的规定必须得到改正。本文共分为四个部分。第一部分是对基本概念的一个界分，主要明确了本文中村规民约和罚款这两个关键词的含义。第二部分是在收集整理黔东南少数民族地区村规民约的基础上，对村规民约中的罚款问题进行了细致描述，主要包括罚款的类型、罚款的处分、罚款的实施等三个方面。第三个部分是对村规民约法理正当性的讨论，民主、自治其本身应当包含着强制的因素，作为村民自治典型代表的村规民约理应存在强制，与此同时，村规民约在少数民族地区还起到了传承着民族习惯法的作用，因此，，村规民约设定罚款在一定程度上存在正当性和现实必要性。第四部分是村规民约的罚款与国家法的协调，尽管肯定了村规民约的存在价值，但实际生活中设定的罚款还存在罚款设定随意、“重罚主义”、“一事多罚”等现象的存在，需要进一步落实法制宣传、完善相关程序、加强政府监督与指导。
[Abstract]:In our country, the village rules and regulations of the people can be described as a long history. At present, the survival status of village rules and regulations is that in the backward rural society, it is still shining, on the contrary, it is more and more unrecognized. In those relatively backward and remote minority areas, the function of village rules and regulations is still obvious, and its authority is still recognized by the majority of villagers. In academic circles, because the punishment provisions in the village rules and regulations have also aroused a lot of debate, and then the discussion at the legal level is also very necessary, some practical values of the village rules and regulations are still worthy of affirmation. Therefore, it is necessary to reserve some space for the existence of village rules and regulations, but those provisions that obviously conflict with national law and impair the fundamental rights of citizens must be corrected. This paper is divided into four parts. The first part is a boundary of the basic concept, which mainly clarifies the meaning of the two keywords of village rules and regulations and fines in this paper. The second part is on the basis of collecting and sorting out the village regulations in the minority areas of southeast Guizhou, the fine problem in the village rules and regulations is described in detail, including the type of fine, the punishment of fine, the implementation of fine and so on. The third part is the discussion of the legal legitimacy of village rules and regulations. Democracy and autonomy itself should contain mandatory factors. As a typical representative of villagers' autonomy, village rules and regulations should be forced. At the same time, Village rules and regulations also play a role in inheriting national customary law in minority areas. Therefore, to a certain extent, there is legitimacy and practical necessity for the setting of fines by village rules and regulations. The fourth part is the coordination between the fine of the village regulations and the national law. Although the existence value of the village rules and regulations is affirmed, the fines set in real life still exist in the phenomenon of random fine setting, "heavy penalty doctrine", "one thing more punishment" and so on. It is necessary to further implement legal publicity, improve relevant procedures, and strengthen government supervision and guidance.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D920.4

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