论村民自治与农村法治

村民自治是农村法治的核心,蕴藏着四个方面的农村法治内容：维护民主宪政、维系社会秩序、保障社会公平、保护人身自由。村民自治是农村法治生成和运作的基础,村民自治的过程实质上是农村法治的过程,农村法治每前进一步,都离不开村民自治法治功能的发挥。但因受传统文化束缚、民主基因匮乏、经济发展滞后等诸多因素的影响,村民自治激情多于理性,实践运作与理想形态还有较大差距。要促进农村法治的实现,就要培养农民的民主主体意识;健全村民自治的民主机制;夯实村民自治的经济基础。

On Villagers’Autonomy and Ruling by Law in the Rural Areas

Villagers’autonomy is the key of ruling by law in the rural areas,which contains four aspects： maintaining democratic constitutional rule,keeping social orders,enduring social justice and protecting personal freedom.Villagers’autonomy is the becoming and operating foundation ruled by law in the rural areas.The course of villagers’autonomy is essential course of ruling by law in the rural areas.The development of ruling by law in the rural areas can not achieve without the ruling function of villagers’autonomy.However,under the influence of many factors such as the restraint of traditional culture,the scarcity of democratic genes,and the retardation of economic development,villagers’autonomy is more emotional than rational,and there is a great disparity between its operation practice and its ideal form.To promote the realization of ruling by law in the rural areas,the consciousness of the villagers’democratic subjectivity should be cultivated,the democratic system of villagers’autonomy should be improved,and the economic foundation of villagers’autonomy should be tamped.