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通过对滇西北山地林木资源管理的历史和现实考察发现,随着市场化发轫和国家法治建设进程的推进,山地乡村原本单纯依靠地方性知识维系乡村秩序的社会治理结构日益向多元化方向发展。然而,多元化并不必然带来秩序的有序化,究其原因,多样的治理方式之间始终存在激烈的竞争和冲突:一方面,在国家法律与地方性知识之间,为了平衡资源开发与保护之间的紧张,国家法律往往通过严格的边界限制消解地方性知识在资源管理中运作以及地方民众社区参与的可能;另一方面,在市场机制和国家法律、地方性知识之间,市场机制往往具有较强的整合机制,然而市场的无序发展往往又需要依靠法律治理的回应。研究表明,在法治化治理日益成为共识以及地方政府治理日益成熟的今天,通过法律的治理应该成为地方治理的一个基本选择。但法律治理并不可能成为地方治理的唯一选择,地方治理应该努力建构一种以法律治理为中心,在法治框架下充分发挥市场机制、地方性知识传统和社区共管优势的协同治理机制。
Through the historical and realistic investigation of forest resources management in the mountainous area of northwestern Yunnan, it is found that with the development of the market and the development of the state legal system, the social governance structure of the mountainous and rural areas that originally rely on the local knowledge to maintain the rural order is increasingly diversified. However, pluralism does not necessarily lead to orderly ordering. The reason for this is that there is always fierce competition and conflicts between various governance modes. On the one hand, between national laws and local knowledge, in order to balance resource development And protection, national laws tend to limit the possibility of local knowledge functioning in resource management and community involvement of local people through strict border controls; on the other hand, between the market mechanism and national laws, local knowledge, markets Mechanism often has a strong mechanism of integration, however, the disorderly development of the market often needs to rely on legal governance response. The research shows that at the moment when the rule of law is increasingly recognized as a consensus and the governance of local governments is increasingly mature, the governance through law should become a basic choice for local governance. However, legal governance can not be the only choice for local governance. Local governance should strive to construct a coordinated governance mechanism that focuses on legal governance and gives full play to market mechanisms, local knowledge traditions and community co-management advantages under the framework of rule of law.