摘要
贵州省黔东南苗族侗族自治州锦屏县河口乡文斗村以人为本、通过村规民约民众广泛参与保护生态、实现绿色发展可持续发展的实践,符合《发展权利宣言》的基本精神,独具特色。文斗村素有立规治村、保护生态的传统。文斗村寨门边有块立于清乾隆三十八年仲冬月(1773年)的"六禁碑",还竖有一块比"六禁碑"晚立12年的林木管理方面的碑。这些"禁条"、规约后来逐渐成为了以村规民约形式表现的村社习惯法,对文斗村的生态保护产生了十分明显的效果。秉承自治传统,2015年9月10日通过的文斗村《村民自治合约》从直接、间接方面对生态保护进行了规定,明确了在生态保护方面村民的义务与村委会的义务。文斗村的村规民约建立了绿色发展的制度和机制,对破坏生态的行为实施严格的追责和惩罚。文斗村的实践表明,村规民约在环境保护、生态保护方面具有积极的作用。
The people oriented principle has been set up in Wendou Village, a village in Hekou Township of Jinping County in Southeast Guizhou Province. The villagers take part in environmental protection, green development and sustainable development widely in accord- ance with village regulations, which is a special practice quite conformable to the basic spirit of Declaration on the Right to Development. Wendou Village does have the tradition of setting vil- lage regulations to implement village governance and environmental protection in long history. In the entrance of Wendou Village, there are steles, including a ＂Liujin Stele＂ which was set up in the winter of Qianlong thirty-eighth year of Qing Dynasty and another stele involving for- est management which was set up twelve years later than ＂Liujin Stele＂ . All the texts curved on those steles gradually became village customary laws in the form of village regulations, which had obviously positive effects on environmental protection of Wendou Village. Inheriting this self-governing tradition, villagers of Wendou passed the Village Self-governance Agree- ment of Wendou, in which direct and indirect regulations of environmental protection were contained and the obligations of villagers and the Village Committee were written. The green de- velopment mechanisms were set up by the village regulations of Wendou, and the environmen- tal disruption actions can be punished strictly as well. Practices of Wendou Village show that the village regulations play a quite positive role in environmental protection and ecological protection.
出处
《人权》
2016年第3期16-25,共10页
Human Rights
基金
高其才主持的中国法学会2015年度部级法学研究重点委托课题"乡规民约在社会治理中的积极作用实证研究"(课题编号:CLS(2015)ZDWT22)的阶段性成果
清华大学自主科研计划文科专项W04-文化传承研究专项"全面推进依法治国进程中的村规民约研究"(项目批准号:2015THZWWH01)的阶段性成果
