继承与变革：传统乡规民约于现代乡村治理

发布时间：2018-06-01 21:03

本文选题：乡规民约 + 《吕氏乡约》　；参考：《湘潭大学》2017年硕士论文

【摘要】：传统乡规民约是在具有乡土社会特性的传统中国中由居住于同一地域的乡民基于自愿制定的用于教化乡民、维护秩序,规范集体成员的行为准则,是一种民间行为规范,是国家制定法的重要补充。南宋时期,吕大钧为和顺乡里,成就里仁风俗之美,始创《吕氏乡约》,开启了乡民自治并有固定文本规则的历史。“德业相劝,过失相规,礼俗相交,患难相恤”,纲举目张,包括了道德、文化、经济、社会各方面的内容。把建立一个道德领先、民风淳厚、关系和谐、秩序稳定的乡村社会的方方面面都包括在内,构成了乡土社会秩序建设的全面纲领。终使关中风俗为之一变。而后,朱熹按照《吕氏乡约》有所损益,使《吕氏乡约》得以流传后世。至明太祖朱元璋建国后,颁行《圣谕六言》,以宣讲圣谕的方式颁行全国,教化乡民。明朝思想家王守仁巡抚南赣时颁行《南赣乡约》,若说《吕氏乡约》是一个自愿自由的组织,那么王守仁施行的《南赣乡约》便没有了讨价还价的余地,全体村民必须全部参加,而也正因为如此,乡约的施行得到更强有力的保证。最终,乡规民约在吕坤施行《乡甲约》时达到一个新的阶段,吕坤合乡约与保甲为一,寓乡约于保甲之中,乡约重在教化而保甲保卫治安,但也因渗进了太多的政治力量使乡约的自治性有所减弱,至清朝时,乡约已然成为官府推行其统治的政治工具,不得不说是一种遗憾。新中国成立后,因国家对地方的行政干预无远弗届,乡村自治一度衰竭,改革开放后,紧随着家庭联产承包责任制的推行,新中国第一部由村民自发约定产生的村规民约于1980年在广西宜山县果作村产生,村民自治于1982年最终被写进宪法,自此以制定村规民约为主的村民自治运动在法律政策的支持下在全国各地轰轰烈烈地展开。因有乡民自治的传统,传统乡规民约便为村规民约的发展提供了丰富的营养,通过对传统与现代乡规民约文本进行分析我们可以发现大量的相似之处,如重视道德教化、维护社会治安、促进生产、保护自然资源、解决民间纠纷等等。然而传统资源中仍有许多待开发利用之处,如现今的村规民约往往使道德教化流于形式,缺乏传统乡规民约的仪式感,并且现代的村规民约自身仍然存在如内容不合法、操作性差等问题亟待完善。本文认为,应从两个方面对当代的村规民约进行完善,一是增强村规民约的自治性,以使村规民约的自治作用得以充分发挥保证,二是培养自治人才,三农问题历来是党和国家高度重视的问题,目前我国农村人口总数仍然庞大,这就势必需要大量的专门性人才,而“新乡贤”的培育或可成为一个不错的切入点。
[Abstract]:In the traditional China with the characteristics of the local society, the traditional rural regulations are based on the voluntary formulation by the villagers living in the same area for the purpose of enlightening the villagers, maintaining order and standardizing the collective members. It is a kind of folk behavior norm. It is an important supplement to the national legislation. In the Southern Song Dynasty, Lu Dajun made the beauty of Li Ren's custom in Heshun Township, and founded the "Lui Xiang Covenant", which opened the history of local people's autonomy and fixed text rules. "morality, industry, negligence, courtesy, mutual understanding," the outline, including the moral, cultural, economic, social and other aspects of the content. All aspects of establishing a rural society with moral leading, civil conduct, harmonious relationship and stable order are included, which constitute the overall program of the construction of rural social order. In the end, the customs of Guanzhong were changed. Then, Zhu Xi according to the "Lui Xiang" gains and losses, so that the "Lui Township Treaty" can be passed down to later generations. After the founding of Taizu Zhu Yuanzhang of Ming Dynasty, he issued the "six words of the oracle" to teach the people in the whole country by way of preaching the holy oracle. Wang Shouren, a thinker in the Ming Dynasty, issued the Nangan Township Treaty while he was touring the Southern Gan. If it is said that the Treaty of Lu's Township is a voluntary and free organization, then Wang Shouren's "Nangan Township Treaty" has no bargaining room, and all the villagers must participate in it. And because of this, the implementation of the rural covenant is more strongly guaranteed. In the end, the villagers reached a new stage in the implementation of the "Charter of Village A" by Lu Kun. Lu Kun-kun United the Xiang Charter with the Baojia Treaty, which contained the township in the Baojia area, and the Rural Convention focused on the education of the people and the protection of public order. But also because of the infiltration of too many political forces to weaken the autonomy of the township covenant, by the Qing Dynasty, the township covenant has become a political tool for the government to carry out its rule, which has to be said to be a regret. After the founding of the people's Republic of China, due to the state's administrative intervention on the local level, the rural autonomy was once exhausted, and after the reform and opening up, the implementation of the household contract responsibility system with output was closely followed by the implementation of the household contract responsibility system. The first village rules and regulations, which were spontaneously agreed upon by villagers in New China, came into being in Guozuo Village, Yishan County, Guangxi, in 1980, and villagers' autonomy was eventually written into the Constitution in 1982. From then on, the villager autonomy movement with the support of law and policy was launched in various parts of the country. Because of the tradition of the autonomy of the villagers, the traditional rules of the villagers provide rich nutrition for the development of the rules of the village. Through the analysis of the texts of the conventions of the traditional and the modern villagers, we can find a lot of similarities, such as the importance of moral education. Maintain public order, promote production, protect natural resources, resolve civil disputes and so on. However, there are still many aspects to be exploited and utilized in the traditional resources, such as the fact that the present village rules often make moral education become a mere formality, lack the ritual sense of the traditional village rules, and that the modern village rules still exist in themselves, such as the illegal contents. Problems such as poor operation need to be improved. This paper holds that the contemporary village rules should be perfected from two aspects, one is to enhance the autonomy of village rules, so that the autonomy of village rules can be fully played, and the other is to train autonomous talents. The issue of "agriculture, countryside and farmers" has always been highly valued by the Party and the country. At present, the total number of rural population in our country is still huge, which is bound to require a large number of specialized talents, and the cultivation of "the virtuous people in the new countryside" may become a good breakthrough point.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

【参考文献】