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有三种理解“村规民约”的进路,分别是形式主义、因袭主义和功能主义。而在法治中国的语境下,C村的村规民约表明,形式主义的进路既符合确定性又利于建构规范体系。该村规民约引介了多个法律文件,建立了多种适法机制,彰显了用法文化、守法文化、权利文化和程序文化等法治观念,平衡了德治和法治的关系,确立了自治和法治的界限,在反映农村社会生态的同时,完成了社会力量和国家权力的互动,呈现出法治中国的农村基层实践。
There are three ways of understanding the “village rules and regulations”, namely formalism, rascism and functionalism. In the context of the rule of law in China, the village code of conduct in Village C shows that the formalism approach is not only in line with certainty but also conducive to the construction of normative system. The village rules introduced a number of legal documents, established a variety of appropriate mechanisms, demonstrated the use of culture, law-abiding culture, rights culture and procedural culture and other concepts of the rule of law, balanced the relationship between the rule of law and the rule of law, established the autonomy and The boundary of the rule of law, while reflecting the social ecology of rural areas, completes the interaction between social forces and state power and presents the practice of grassroots rural rule by law in China.