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村规民约作为调整乡土社会秩序的重要民间规范古已有之。在当代中国村规民约又作为基层民主制度的重要载体而存在,故对其研究对我们寻求当代中国法治环境的和谐图景有重要作用。本文通过对村规民约在乡间社会运行实地调查,具体阐述了村规民约与国家法治在权利、法治主体以及处罚方式理性化的契合,为村规民约在当前国家治理下的存在提供一种实践上的支持。
The village rules and regulations as an important folk regulation to adjust the local social order has existed. In the contemporary China, the village rules and covenants also exist as an important carrier of the grassroots democracy, so their research plays an important role in seeking a harmonious picture of the environment of the rule of law in contemporary China. Through the fieldwork on the operation of village rules and regulations in rural society, this paper elaborates the agreement between village rules and state laws and the rationalization of the rule of law as well as the main body of the rule of law as well as the rationalization of punishment methods, and provides the existence of village rules and regulations under the current state governance A practical support.