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村规民约作为民间法的重要组成部分,它是村民群众自我教育、自我管理、自我约束的行为规范,是农村基层民主法治建设的形式之一,对农村的稳定和发展起着重要的作用。通过对村规民约田野调查的实证分析,发现村规民约在新时期被赋予新的内涵,其结构和内容日渐成熟,但仍存在诸多有待完善的地方。村规民约作为实现社会控制的一种方式,弥补了国家法对社会控制的不足,同时它是实现村庄治理的途径和规制村落政治的有效手段,合理的调整村落的各种日常关系,很好地维持着农村社区的生活秩序。大多数村庄的村规民约如今已是成文法性质的村落习惯法,而家族法村落化对村规民约又有着深远影响,这赋予了村规民约具有的独特性质和功能,是对国家法在农村治理中的拾遗补漏,这正是社会主义新农村建设所必不可少的稳压器、助推器。在多元文化社会里,必须深入研究民间法与国家法的契合点及民间法对国家法的背离之处,从而实现二者的良性互动,更好地促进农村乃至整个社会的和谐发展。
As an important part of the folk law, the village code of conduct is a code of conduct for self-education, self-management and self-restraint of villagers. It is one of the forms of democracy and rule of law in rural areas and plays an important role in the stability and development of rural areas. . Through the empirical analysis of field surveys of the village rules and regulations, we find that the village rules and regulations were given new connotations in the new era, and their structures and contents are becoming mature gradually. However, there are still many places to be perfected. As a way to realize social control, Muko-Minisku made up for the deficiencies of state control over social control. At the same time, it is an effective way to realize the village governance and regulate the village politics. It is reasonable to adjust various daily relations in the village. Good to maintain the order of life in rural communities. Village ordinances in most villages nowadays are the customary law of the village under the statutory law, and the demolition of the clan law also has a far-reaching impact on the village ordinance, which gives the village statute a unique nature and function, Law in the treatment of rural areas in the world, it is necessary to build a new socialist countryside regulator, booster. In a multicultural society, we must thoroughly study the meeting point between the civil law and the state law and the deviation of the civil law from the state law, so as to realize the benign interaction between the two and better promote the harmonious development of the rural areas and the society as a whole.