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“新农村”背景下,我国当代农村的法治建设正在全方位展开,并取得了显著的成效。然而,由于方法论上存在着“义务本位”、“立法缺位”、“经济落后”等误区或缺陷,直接导致农村法治的当下窘态与困惑,滞碍了法制现代化的纵深运行,因而,必须进行方法论上的重整,其目标就是夯实农村法治的物质基础;建构农村法治的法理机制;强化法律至上的法治理念。
Under the background of “new countryside”, the construction of rule of law in contemporary rural areas of our country is being carried out in all aspects and has achieved remarkable results. However, due to the methodological misunderstandings or shortcomings such as “obligation-based”, “absence of legislation” and “economic backwardness”, the current embarrassment and perplexities in the rule of law in rural areas directly obstruct the further operation of the modernization of the legal system and must therefore be carried out The goal of the methodological reorganization is to consolidate the material basis of the rule of law in rural areas, to establish the legal mechanism of the rule of law in rural areas and to strengthen the concept of law based on the supremacy of law.