民族村寨自治体下沉的公权力运行逻辑

民族村寨的治理是社会学、法学、民族学甚至人类学共同关注的话题。从逻辑进路上,既有传统公权力的单向治理维度,也有现代的公私权的互动共治。在对民族村寨自治体下沉的分析框架下,如何将国家和社会公权力的运行轨迹限制在政府部门和社会组织的职能界限内,并在民族村寨复杂的民族文化习俗中使自治体管理价值最大化,将国家层面和民族村寨场域的不同治理范式通过下沉后的自治体进行社会秩序的有机调适值得关注。近年国家拟建立自治体下沉的村治试点,其目的在于削弱国家公权力在基层的渗透,扬私权抑公权,将公权力的运行和村民私权的保护纳入现代化的法治治理逻辑中,进而凸显新时代民族乡村振兴中权力与权利的和谐共生。

Logic of public power operation in subsidence of ethnic village autonomy

The governance of ethnic villages is a topic of common concern in sociology, law, ethnology and even anthropology. From the logic route, it contains not only the traditional public power of the one-way governance dimension, but also the modern public and private rights of the mutual governance. It is worth paying attention to the aspects as to how to limit the running track of state and social public power within the functional limits of government departments and social organizations in the framework of the analysis of the sinking of ethnic village autonomy, how to maximize the management value of the autonomous body in the complex ethnic cultural custom of the ethnic village, and how to adjust the social order by means of different governance paradigm of ethnic level and ethnic village field. In recent years, the state has proposed to set up a pilot project for village governance in which the autonomous bodies sink, whose aim is to weaken the infiltration of state public power at the grassroots level and to promote private rights and suppress public rights, the operation of public power and the protection of villagers’ private right are put into the modern rule of law, then the harmonious coexistence of power and the rights in the revitalization of ethnic villages in the new era are dramatized.