近世乡绅治理与国家权力关系研究
发布时间：2018-07-14 15:37
【摘要】：本文旨在探讨,在中国这样一个有着深厚传统积淀同时又面向现代化的东方国家中,应当通过怎样一种方式配置乡村公共权力,才能既保证国家对基层社会的控制,又能使真正体现社会自主性的乡村自治成为一种现实。选择“乡绅治理与国家权力关系”这一路径来寻求以上问题的解决,则是基于历史学的经验研究和法政治学的逻辑分析相结合的方法论。核心概念的界定是研究的逻辑起点。在众多关于乡绅的历史叙事中,本文提炼出乡绅在不同历史时期所具备的共同特征并结合当时的语境,给出了一个结构性的界定标准,包括知识、财富和身份。其中最为根本的是身份要素,即在具有知识要素和财富要素以后,一个初步被认同为乡绅的人必须在社会行动中获得其公共身份。惟有如此,才能在真正意义上拥有社会权威。这也就意味着对于乡绅的理解最终落实于动态的乡绅治理之中。仅从历史学的经验研究来看,乡绅治理无疑是特定历史时空下的产物。对乡绅治理的纯粹历史研究也许仅限于分析和阐释这一现象,并不预知未来。但这并不意味着我们不能透过历史表象去探求其暗藏的潜流,当然我们必须承认理性和智识的限度。法政治学的逻辑分析方法的采用可以使得我们发现历史上的乡绅治理所蕴涵的某种普遍性法理。本文“乡绅治理”的概念来自于法政治学中的治理理论。所谓的“治理”即强调多元主体的共存和伙伴关系,以及彼此之间民主、协作和妥协精神。“治理"在本质上是一个公共权力的重新整合问题,即如何在国家和社会之间合理配置公共权力,以及如何在国家和社会各自范围内有效的运作权力和彼此之间进行权力合作。乡绅治理,即通过乡绅的公共活动使国家和乡村社会的关系处于一种动态的平衡之中,既满足国家控制乡村社会的需要,同时也遏制国家权力对乡村的过度汲取,保护乡村共同体的利益。这无疑是一种良性的国家一社会关系在乡村场域的体现。在奉行专制集权主义的中国传统政治中,乡绅治理有效发挥作用的关键在于处理好与国家权力之间的关系。基于这一前提,本文以一个历史的长镜头考察了近世以来,即16世纪中期到20世纪中期,乡绅治理与国家权力之间的互动与博弈关系。在明清时期传统国家背景下,乡绅治理同时作为国家权力的延伸和防御国家权力的屏障而存在,其本身就体现了国家与社会的叠加、共存和合作。正是乡绅治理“调节器"作用的发挥使得庞大的帝国机器得以灵活运转。在晚清的政治危机之下,虽然乡绅治理僭越国家权力的情况时有发生,但总体上仍值得国家权力的信任与依赖。两者的联手使得清王朝暂时渡过了内部的危机,迎来了一个新的世纪。但20世纪上半叶的大变局终于将乡绅治理与国家权力之间的合作共存关系彻底打破。清末民初的现代化进程中,一方面国家权力企图建立对乡村社会的直接控制而必然打压传统的乡绅治理,另一方面国家法层面上“工具化”的乡村自治的推行导致了乡绅治理的异化。最终,在被国家与乡村社会同时背弃的境遇中,乡绅治理走向了消亡。乡绅治理所造就的国家与乡村社会之间的“缓冲层”不复存在。国家权力直接面对乡村社会,但却并没有建构起现代国家一公民关系——这一西方意义上民族国家所怀揣的理想。反而是前者变得恣意妄为,后者也逐渐退到了忍耐的最底线。颠覆性的革命在乡村酝酿并最终爆发。从此,中国走上全能主义政治的道路,直至20世纪80年代村民自治的发生。在西方市民社会话语下,乡村社会的公共权力重组问题被重新提起。在宪政意义上,村民自治作为社会自治是国家与社会的关系在乡村场域的反映。但是,在法理上可以与国家权力的抗衡的社会自治权在乡村现实中难以成为一种实然。以二元对立为基础的早期世纪市民社会理论显然无法解决中国问题,倒是20世纪的公共领域理论与中国有着某种契合。公共领域的出现标志着西方宪政价值的变动,即不再一味地强调国家与社会、公域与私域之间的严格界分,而是倡导界分基础上的融合与渗透。这一新宪政价值对于中国的宪政建设而言具有重要的意义。因为它不仅符合中国当下的国家与社会的相处状态,而且也让人们再度记起了中国的历史传统——乡绅治理。乡绅治理在本质上反映了国家与社会之间的合作共生关系。对于乡村共同体而言,乡绅治理在特定的历史条件下的确谋求并实现了乡村社会的自由和自治。如果我们承认乡村自由和自治是人民主权的精髓,为保护这种民主政治的草根而制约国家权力是宪政的精髓,那么乡绅治理,通过某种创造性的转化,就将有可能在新的历史条件下成为通向宪政的中国范例。如果中国宪政的未来图景是一幅来自于中国社会变迁自主驱动且内容和形式连贯一致的图画,那么通过历史的方式将有助于这一图景的构建。正是在这一意义上,我们相信,乡绅治理既是经验的,又是理论的。
[Abstract]:The purpose of this paper is to discuss how to allocate rural public power in a way that has a profound traditional accumulation and modernized Oriental countries, which can not only guarantee the control of the country to the grass-roots society, but also make the rural autonomy that truly embodies the autonomy of the society. The path of the relationship with state power to seek the solution of the above problems is based on the methodology of combining historical experience and logical analysis of political science. The definition of the core concept is the logical starting point of the study. A structural definition standard, including knowledge, wealth and identity, is given in the context of the same characteristics. The most fundamental is the identity element, that is, after the elements of knowledge and wealth, a person who is initially identified as the gentry must obtain its public identity in social action. Only in this way can it be true. It means that there is a social authority in meaning. This means that the understanding of the gentry is finally implemented in the dynamic government of the gentry. Only from the historical experience study, the gentry governance is undoubtedly the product of the specific historical time and space. The pure historical study of the gentry governance may be limited to the analysis and interpretation of this phenomenon, but it does not predict the future. This does not mean that we can not explore the hidden undercurrent through the historical image. Of course, we must recognize the limits of rationality and wisdom. The adoption of logical analysis methods of law and administration can make us find some universal jurisprudence implied in the governance of the gentry in history. The concept of "gentry governance" in this article comes from the law and administration. Governance theory, which emphasizes the coexistence and partnership of pluralistic subjects, and the spirit of democracy, cooperation and compromise between each other. "Governance" is essentially a reintegration of public power, that is, how to reasonably fit public power between the state and society, and how to be in the country and the society. The effective operation power within the scope and the power cooperation between each other. The gentry governance, that is, through the public activities of the gentry, makes the relationship between the country and the country society in a dynamic balance, not only to meet the needs of the state to control the rural society, but also to contain the excessive absorption of the state power to the countryside, and to protect the interests of the rural community. This is undoubtedly the embodiment of a benign state of social relations in the rural field. In the traditional Chinese politics which pursues autocratic totalitarianism, the key to the effective play of the gentry governance is to deal with the relationship with the state power. Based on this premise, this article examines the sixteenth Century, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world. In the middle of the twentieth Century, the interaction and game relationship between the gentry governance and the state power. Under the traditional national background of the Ming and Qing Dynasties, the gentry governance also existed as the extension of the state power and the defense of the state power, which itself reflected the superposition, coexistence and cooperation of the state and the society. In the political crisis of the late Qing Dynasty, although the gentry had taken place in the situation of overstepping the power of the state, it was still worth the trust and dependence of the state power in general. The combination of the two made the Qing Dynasty temporarily override the internal crisis and usher in a new century. But in twentieth Century, the Qing Dynasty came to a new century. The big change in the upper half of the first half finally broke the coexisting relationship between the gentry governance and the state power. In the process of the modernization of the late Qing Dynasty and the early Republic of China, on the one hand, the state power tried to establish direct control of the rural society and inevitably pressed the traditional squire governance. On the other hand, the "instrumental" rural autonomy was pushed on the national law level. It led to the alienation of the government of the gentry. In the end, in the situation that the country and the rural society were abandoned at the same time, the gentry governance was dying out. The "buffer layer" between the country and the rural society created by the gentry governance did not exist. The state power faced the rural society directly, but it did not construct a modern national citizen relationship. In this Western sense of the nation, the former became unscrupulous, and the latter gradually returned to the bottom line of patience. The subversive revolution was brewed in the countryside and finally broke out. From then on, China went on the path of Almighty politics until the occurrence of villagers' autonomy in the 1980s. Under the western civil society discourse. In the sense of constitutionalism, the autonomy of villagers as a social autonomy is a reflection of the relationship between the state and the society in the rural field. However, the social autonomy, which can be countered with the power of the state in the legal theory, is difficult to be a reality in the rural reality. It is based on the two yuan opposition. The theory of civil society in the century is obviously unable to solve the Chinese problem, but the public domain theory of the twentieth Century has a certain agreement with China. The emergence of the public sphere marks the change of the western constitutional value, that is, the strict boundary between the state and society, the public domain and the private domain, but the integration and infiltration of the advocacy division. This new constitutional value is of great significance to the construction of constitutional government in China. It not only conforms to the state of the country and society at present in China, but also reminds people of the Chinese historical tradition, the gentry governance. The gentry governance reflects the cooperative symbiotic relationship between the state and the society in essence. In the country community, the gentry governance has indeed sought and realized the freedom and autonomy of the rural society under certain historical conditions. If we admit that the freedom and autonomy of the country are the essence of the sovereignty of the people and the essence of the protection of the grassroots of this democratic politics, the state power is the essence of constitutional government, then the gentry is governed by some kind of creativity. If the future picture of Chinese constitutionalism is a picture from the independent drive of Chinese social change and a coherent and consistent form of content and form, it will help the construction of this picture in the way of history. It is in this sense that we are in this sense. It is believed that the government of the gentry is both experience and theory.
【学位授予单位】：南京大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：C912.82
，
本文编号：2122113
[Abstract]:The purpose of this paper is to discuss how to allocate rural public power in a way that has a profound traditional accumulation and modernized Oriental countries, which can not only guarantee the control of the country to the grass-roots society, but also make the rural autonomy that truly embodies the autonomy of the society. The path of the relationship with state power to seek the solution of the above problems is based on the methodology of combining historical experience and logical analysis of political science. The definition of the core concept is the logical starting point of the study. A structural definition standard, including knowledge, wealth and identity, is given in the context of the same characteristics. The most fundamental is the identity element, that is, after the elements of knowledge and wealth, a person who is initially identified as the gentry must obtain its public identity in social action. Only in this way can it be true. It means that there is a social authority in meaning. This means that the understanding of the gentry is finally implemented in the dynamic government of the gentry. Only from the historical experience study, the gentry governance is undoubtedly the product of the specific historical time and space. The pure historical study of the gentry governance may be limited to the analysis and interpretation of this phenomenon, but it does not predict the future. This does not mean that we can not explore the hidden undercurrent through the historical image. Of course, we must recognize the limits of rationality and wisdom. The adoption of logical analysis methods of law and administration can make us find some universal jurisprudence implied in the governance of the gentry in history. The concept of "gentry governance" in this article comes from the law and administration. Governance theory, which emphasizes the coexistence and partnership of pluralistic subjects, and the spirit of democracy, cooperation and compromise between each other. "Governance" is essentially a reintegration of public power, that is, how to reasonably fit public power between the state and society, and how to be in the country and the society. The effective operation power within the scope and the power cooperation between each other. The gentry governance, that is, through the public activities of the gentry, makes the relationship between the country and the country society in a dynamic balance, not only to meet the needs of the state to control the rural society, but also to contain the excessive absorption of the state power to the countryside, and to protect the interests of the rural community. This is undoubtedly the embodiment of a benign state of social relations in the rural field. In the traditional Chinese politics which pursues autocratic totalitarianism, the key to the effective play of the gentry governance is to deal with the relationship with the state power. Based on this premise, this article examines the sixteenth Century, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world. In the middle of the twentieth Century, the interaction and game relationship between the gentry governance and the state power. Under the traditional national background of the Ming and Qing Dynasties, the gentry governance also existed as the extension of the state power and the defense of the state power, which itself reflected the superposition, coexistence and cooperation of the state and the society. In the political crisis of the late Qing Dynasty, although the gentry had taken place in the situation of overstepping the power of the state, it was still worth the trust and dependence of the state power in general. The combination of the two made the Qing Dynasty temporarily override the internal crisis and usher in a new century. But in twentieth Century, the Qing Dynasty came to a new century. The big change in the upper half of the first half finally broke the coexisting relationship between the gentry governance and the state power. In the process of the modernization of the late Qing Dynasty and the early Republic of China, on the one hand, the state power tried to establish direct control of the rural society and inevitably pressed the traditional squire governance. On the other hand, the "instrumental" rural autonomy was pushed on the national law level. It led to the alienation of the government of the gentry. In the end, in the situation that the country and the rural society were abandoned at the same time, the gentry governance was dying out. The "buffer layer" between the country and the rural society created by the gentry governance did not exist. The state power faced the rural society directly, but it did not construct a modern national citizen relationship. In this Western sense of the nation, the former became unscrupulous, and the latter gradually returned to the bottom line of patience. The subversive revolution was brewed in the countryside and finally broke out. From then on, China went on the path of Almighty politics until the occurrence of villagers' autonomy in the 1980s. Under the western civil society discourse. In the sense of constitutionalism, the autonomy of villagers as a social autonomy is a reflection of the relationship between the state and the society in the rural field. However, the social autonomy, which can be countered with the power of the state in the legal theory, is difficult to be a reality in the rural reality. It is based on the two yuan opposition. The theory of civil society in the century is obviously unable to solve the Chinese problem, but the public domain theory of the twentieth Century has a certain agreement with China. The emergence of the public sphere marks the change of the western constitutional value, that is, the strict boundary between the state and society, the public domain and the private domain, but the integration and infiltration of the advocacy division. This new constitutional value is of great significance to the construction of constitutional government in China. It not only conforms to the state of the country and society at present in China, but also reminds people of the Chinese historical tradition, the gentry governance. The gentry governance reflects the cooperative symbiotic relationship between the state and the society in essence. In the country community, the gentry governance has indeed sought and realized the freedom and autonomy of the rural society under certain historical conditions. If we admit that the freedom and autonomy of the country are the essence of the sovereignty of the people and the essence of the protection of the grassroots of this democratic politics, the state power is the essence of constitutional government, then the gentry is governed by some kind of creativity. If the future picture of Chinese constitutionalism is a picture from the independent drive of Chinese social change and a coherent and consistent form of content and form, it will help the construction of this picture in the way of history. It is in this sense that we are in this sense. It is believed that the government of the gentry is both experience and theory.
【学位授予单位】：南京大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：C912.82
，
本文编号：2122113
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