乡村治理现代化视角下村规民约的完善路径-《集美大学学报》（哲社版）

文章信息/Info

Title:: Improvement Path of Village Codes of Conduct from the Perspective of Rural Governance

Author(s):: SHEN Xie1; CHEN Yu2; 1.College of Marine Culture and Law，Jimei University,Xiamen 361021,China;2.People’s Procuratorate of Haicang District,Xiamen 361026,China

摘要:: 村规民约凭借其内生性、灵活性等天然优势，应当在乡村治理中发挥重要功用。然而，通过对X市J区辖区内37个村居走访调研发现，现阶段村规民约存在规范性、内生性、针对性和适用性不足等诸多问题，加之当前乡村仍未向村民自治和规则化治理的趋势进行充分转化，导致村规民约无法发挥应有的效用价值。基于乡村规则化治理的需求，应当优化落实村规民约效用发挥的乡村治理环境；同时，应当从生成路径、规范表达、实践内涵和规范面向等4个方面对村规民约进行改造，推动村规民约的司法裁判功能重塑，注重村规民约对乡村治理特点的回应，充分发挥村规民约的乡村治理功能。

Abstract:: Village codes of conduct should play an important role in rural governance by virtue of their advantages such as endogeneity and flexibility.However,through the investigation of 37 villages under the jurisdiction of J District of X City,it is found that there are many problems such as endogenous defects and insufficient norms in the village codes of conduct at this stage,and that the current villages have not fully transformed to villagers’ autonomy and rule-based governance,resulting in codes of conduct failing to play their due role.According to the rule-based governance,rural governance environment should be optimized.At the same time,village codes of conduct should be reformed from four aspects:path,expression,practice and orientation,so as to reshape their judicial function,pay attention to the characteristics of rural governance,and give full play to their rural governance function.