家族势力与法治关系论

家族势力是中国农村生活的一个重要层面,也是中国社会的一个基本特质。在很长的历史时期内,家族势力对我国政治、经济和文化产生着重要的影响。从本世纪开始,家族势力作为一种秩序基本上稳定的状态被打破,中国村落家族势力的发展进入了一个动荡分化的时期。但自80年代以来,随着农村经济改革和现代化建设的开展,作为传统文化的重要因子的家族势力又复兴起来。随着法治建设的不断推进,其中的利弊关系不容忽视。因此,本文着力就家族势力的复兴、存在根基、与法治的关系、与国家法的冲突等问题进行必要的探讨,以期收到一定的社会效果。

On the Relations Between Influence of Family and Rule by Law

Family influence is not only an important side in country lives but also a basic peculiarity in Chinese societies. In a long period of historical time, it had been impacting greatly on the politics, economy and culture of China. At the beginning of this century, its stable state as a basic regime began to be broken and its evolution in Chinese villages stepped into an unstable and splitting times. Since the 80s, family influence, as a vital factor in traditional culture, however, has been being revived with the implementation of economic reform and modernization construction in the countryside. With the continuous enhancement of rule by law, its advantages or disadvantages are not allowed ignorance. And thus, this paper focuses on the discussion about the reviving of and existing root for family influence, about the relations between it and rule by law, and about those between it and national laws, expecting to achieve certain social effects.