乡村治理现代化背景下的村规民约
Village Regulations in the Background of Modernization of Rural Governance

不同于国家制定法，村规民约作为一种民间社会规范构成我国乡村治理的重要资源和方式。从传统中国乡土社会中赓续而来，现代村规民约将传统乡村自治的道德精神和文化内涵阐扬光大，并在现代社会获得了法治要素，集乡土性与现代性于一体。现代村规民约在保障民主、维持乡村秩序、调解乡村矛盾纠纷、弘扬善良风俗等方面整体上发挥着“自治、法治与德治”相融合的重要作用，不断推进乡村治理现代化与法治化。面对当前乡村结构变革与国家意志介入等情形，村规民约也面临着自治性不足、形式化、法治有限等问题，进而导致对乡村社会秩序的治理作用机制不清晰。因此，要充分发挥村规民约对乡村治理现代化与法治化的作用，就需要提高村规民约的民主参与和认同，完善国家法对村规民约的规范与指引，明确国家基层政权、村民自治权与村民个人权利的合理空间与边界。
Different with the statute law, village regulations play an important role as social norms in Chinese rural governance. Continuing from traditional Chinese rural society, modern village regulations inherit and promote the moral and cultural connotations of traditional rural autonomy, and further acquire elements of rule of law. It shows that the regulations of village combine localism and modernity. Integrating the function of autonomy, rule of law and rule of virtue, village regulations make a significant effect on rural governance, including ensuring democracy, maintaining rural orders, mediating rural conflicts and disputes, as well as promoting good customs and virtues. Under the circumstances of changes in rural structures and the infiltration of the official will, village regulations face problems such as insufficient autonomy with low public participation, limited rule of law because of formalization and impracticability and so on. These problems of village regulations result in unclear rural governance mechanisms generally. In order to fully promote the role of village regulations in the modernizing rural governance, it is necessary to enhance the public participation and recognition, improve the norm system of village autonomy regulations, and clarify the reasonable boundaries between national grassroots power, villagers’ autonomy rights and other individual rights.