村规民约在构建乡村“三治”格局中的时代价值、现实困境与完善路径

乡村振兴离不开乡治,乡治需要村规民约。村规民约向来是观察和研究中国乡村社会嬗变的重要参照,是乡村治理的重要工具之一。由于社会环境的支持与集体认同心理的支撑、自治传统的发扬与治村能人的推动、国家法律的确认与村规民约的变革调适,内生化的村规民约具有保障基层民主与管理公共事务、促进团结互助与推进移风易俗、维护乡村治安与调节民间纠纷等积极作用。然而,就村规民约的现实而言,还存在着被夸大的民主与规范的表象、被忽略的权威性弱化的困境、被异质化的主体——村民的流失等问题。加强新时代农村基层基础工作,打造共建共治共享的乡村治理新格局,需要加强引导创新,开创乡村"自治"村约;坚持党建引领和在法治框架下创制"法治"村约;强化道德激励与约束机制构建"德治"村约,全面发挥村规民约在促成乡村"三治"格局中的作用,推进我国乡村地区的治理体系和治理能力建设,促进基层善治。

The time value,realistic dilemma and improvement path of village rules and regulations in the construction of rural "three governance" pattern

Rural revitalization cannot be separated from the rural governance,which need the rules and regulations of the village.Village rules and regulations have always been one of the important tools of rural governance and an important sample to observe and study Chinese rural society.Due to the support of social environment and collective identity psychology,the promotion of self-governing tradition and the capable people,the confirmation of national laws and the adjustment of village regulations,endogenous village regulations has played positive role in safeguarding democracy and public affairs management at the grassroots level,promoting unity and mutual assistance,transforming social traditions and customs,maintaining public order and regulating civil disputes.However,as far as the reality of village rules and regulations is concerned,there are still some problems,such as the exaggerated appearances of democracy and norms,the weakness of the ignored authority,the loss of the villagers.To strengthen the basic work and construct rural governance featuring co-construction,co-governance and shared benefits in the new era,we need to create"autonomous"contract by guidance and innovation to create the"rule of law"contract under the framework of law by the leadership of party building;to create the"rule by virtue"contract by moral incentive and restraint.We should take advantage of village rules and regulations in constructing"three governance"in rural areas and promoting the governance system and governance capacity,hence good governance at the grass-roots level.