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村规民约是村民依据国家法律,民主参与、共同协商、集思广益所确立的自治协议,在调整村民日常行为、维护乡村秩序与分配村集体收益等方面都发挥着重要功能。然而,在当前社会转型期,村规民约在制定主体、内容与功能上都出现了不同程度的异化。从制定主体看,有的村规民约由乡镇政府统一制定,然后以行政命令的方式要求下属村庄强制执行,背离了村规民约作为村民自治协议的初衷。此外,不少村规民约流于形式,照抄省市的村规民约范本,且大多没有触及征地补偿等与村民利益切实相关的问题,或者即使做出了规定,由于未经村民大会集体讨论,经常有失公正。本文通过对浙江省嘉兴市、温州市、衙州市和丽水市等地村庄的实地调研,结合外部体制及地域文化等因素,探讨当前村规民约异化的具体表现及其成因,并针对性地寻找相关解决对策。
The village rules and regulations are the autonomous agreements established by the villagers in accordance with the laws of the country, democratic participation, common consultation and collective wisdom. They play an important role in regulating the villagers’ daily behavior, safeguarding the rural order and allocating the collective income of the villages. However, in the current period of social transition, the village regulations and civil covenants have different degrees of alienation in the formulation of the main body, content and functions. From the formulation of the main body, some village rules and regulations unified by the township government to develop, and then by way of administrative orders subordinate villages to enforce, deviate from the village rules as the original intention of the village self-government agreement. In addition, many village rules and regulations flow in the form of copying village and village conventions, and most did not touch on land acquisition compensation and other issues that are actually relevant to the interests of villagers, or even if the provisions have been made, Discussion, often unfair. Based on the field investigation of villages in Jiaxing, Wenzhou, Yaju and Lishui, Zhejiang Province, this paper explores the concrete manifestation and its causes of the current village rules and regulations’ alienation with the combination of external system and regional culture, To find relevant solutions.