摘要
乡约在中国历史悠久,它与国家法的关系在不同时代也不相同。宋代的《吕氏乡约》是独立于国家法之外的自治规范,但与国家法并不冲突,王阳明增损后的乡约强调遵守国家礼法,减少了自治性成分。明代中央政府提倡乡约,约文通常由官员起草,乡约是地方性的道德风俗倡议书和共同生活规范,是国家治理乡村的一种工具。清代初期乡约完全是国家权力和意识形态的宣传品,并与国家法结合起来对乡村进行思想控制。清末,国家对地方的控制力减弱,地方权力扩大,乡约成了地方性互助和自治的规范,虽然不违背国家法,但对国家权力有一定的对抗性。民国时期,国家建设未完成,乡约是乡绅和知识人的自治实践,填补国家权力和法律所不及的空间。新中国的乡规民约产生初期有制度创新的作用,但在得到国家权力承认后,变成了半自治的基层规约。我国的社会自古不发达,乡约作为基层社会规约和组织,始终缺乏独立性,大多时候受国家权力的推动和规制,与国家法并不冲突,有时会对国家法权有一些负面作用,但不会造成实质性威胁。
Rural compact has a long history in China,and its relationship with national law has varied from era to era.In Song dynasty,Lü's Rural Compact is an autonomous norm independent of national law,but it does not conflict with national law.Later,Wang Yangming revised this compact and especially emphasizes its adherence to state etiquette and law,reducing the autonomy component.The central government of the Ming Dynasty advocated rural compact,the texts of which were usually drafted by officials,they were local moral and customary initiatives and norms of common life,and a tool for the state to govern the countryside.In early Qing dynasty,rural compacts were purely propaganda for state power and ideology,combined with national law to exercise ideological control over the countryside.However,at the end of the Qing Dynasty,the central government's control over localities weakened,local power expanded,and the rural compacts became the norm of local mutual aid and autonomy,although not contrary to national law,but a certain antagonism to state power.During the Nationalist period,nation-state building was not completed,and rural compact was a practice of self-governance by the gentry and local intellectuals,filling the space that the state power and national law did not enter.In the early years of the People's Republic of China,the village rules and regulations had the function of institutional innovation,then they were approved by the government,they became semi-autonomous grass-roots regulations.Society in our country has been underdeveloped since ancient times,and rural compact which as grass-roots social statutes and organizations,have always lacked independence and have been driven and regulated by the power of the State most of the time,which does not conflict with national law and sometimes has some negative effect on national legal authority,but does not pose a substantial threat.
出处
《民间法》
2023年第1期107-122,共16页
基金
中国法学会部级重点委托课题“法治文化视野下的乡规民约研究”(项目编号:CLS<2018>ZDWT25)
关键词
乡规民约
民间法
国家法
乡村治理
自治
Rural Rules and Regulations
Folk law
National law
Rural Governance
Autonomy
