礼法相济:清代云南乡规民约的功能及治理路径

The Combination of Rites and Laws: the Functions and Governance Paths of Yunnan Rural Regulations in the Qing Dynasty

  • 摘要: 乡规民约是基层社会组织的社会成员共同制定出来供大家共同遵守的一种社会行为规范。清代云南地区的乡规民约在内容上具有广泛性的特点,涉及了诸如移风易俗、长幼有序、读书勤业、保护环境、禁赌治安、弥盗防贼等社会生活的多方面。同时在制定时具有针对性和可行性的特点,往往针对某一地区的某一社会问题做出贴近生活实际的规章制度,并且规则的制定也更加细化,有理可依,有据可查,因为乡规民约的执行力决定了它的生命力。若是整合乡规民约在乡村治理中的功能,可以划分为德业相劝、过失相规的导善功能;礼俗相交、文明和谐的化俗功能;患难相恤、互助互救的救恤功能。反思乡规民约制度何以长盛不衰,其能够发挥治理的有效路径可以归纳为以“礼法相济”四字,村民会向“礼”倾斜,但是伴随清代法律的普及和完善,法律渐成乡村治理思想的主流。总之,回顾历史上云南的乡规民约的功能和治理路径,有利于重振乡风文明,重塑乡村文化生态,符合乡村振兴战略需求。

     

    Abstract: Rural rules and regulations are a kind of social behavior norms jointly formulated by social members of grass-roots social organizations for everyone to abide by. The village rules and regulations in Yunnan in the Qing Dynasty had a wide range of characteristics in content, involving many aspects of social life, such as changing customs, being orderly from age to age, studying hard, protecting the environment, prohibiting gambling and public security, and guarding against theft and thieves. At the same time, it has the characteristics of pertinence and feasibility when formulating. It often makes rules and regulations that are close to the reality of life for a certain social problem in a certain area, and the formulation of rules is more detailed, reasonable and documented, because the implementation of township rules and regulations determines its vitality. If we integrate the functions of township rules and regulations in rural governance, it can be divided into the good guiding functions of moral and industrial persuasion and negligence; The function of transforming customs into customs, which is the intersection of etiquette and customs and the harmony of civilization; The salvation function of caring for each other in distress and helping each other. Why is the anti homesickness regulation and civil covenant system so prosperous? The effective way of its governance can be summarized as “combining etiquette with law” . Villagers will incline to “etiquette” . However, with the popularization and improvement of laws in the Qing Dynasty, the law gradually became the mainstream of rural governance thought. In a word, reviewing the function and governance path of Yunnan’ s township rules and regulations in history is conducive to revitalizing the township style civilization, reshaping the rural cultural ecology and meeting the needs of the rural revitalization strategy.

     

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