从“文本约束”到“治理动能”:乡规民约有效性的转化机制基于云南四村的案例比较

From “Text Constraints” to “Governance Momentum”: The Transformation Mechanism of the Effectiveness of Village Rules and Regulations: A Comparative Case Study from Four Villages in Yunnan

  • 摘要: 乡规民约是基层治理的重要规范形态,承载着调节村庄秩序、引导乡风民风的基础功能。当前西部农村虽已实现文本全覆盖,但部分规约却悬浮于村庄治理之外,未能有效转化为调节村民行为的实际力量。如何将纸面约束转化为治理动能,是乡规民约研究亟需回应的实践议题。本文遵循案例研究的“复制逻辑”,选取云南大理密古村、普洱芒竜村、西双版纳曼拉村三个规约生效案例与临沧M村一个失效案例进行系统比较,构建“内生性×嵌入性×可操作性”乘积式分析框架,揭示利益重嵌与社会网络重嵌两条实现路径。本文将“治理动能”界定为乡规民约从文本形态转化为村民实际行为调节能力的动态过程。规约有效性取决于制定程序内生性、执行机制嵌入性与条款可操作性的乘积式协同,三者兼备方能生效,任一缺失便容易陷入形式主义困境。上述发现为判别乡规民约有效性提供了可检验的分析框架,对西部乡规民约建设从“全覆盖”转向“真管用”具有政策启示价值。

     

    Abstract: Village rules and regulations are an important normative form in the grassroots governance, carrying the basic functions of regulating village order and guiding local customs and social ethics. Although the western rural areas have currently achieved full text coverage, a large number of these rules and regulations remain suspended outside village governance and have failed to effectively translate into practical forces that regulate villagers’ behavior. How to transform paper-based constraints into governance momentum is a practical proposition that needs to be responded to the study of village rules and regulations. Follows the “replication logic” in case study methodology, this paper selected three effective cases, Dali Migu Village, Pu’er Manglong Village, and Xishuangbanna Manla Village in Yunnan Province, and one ineffective case M village in Lincang, for system comparison. It constructed a multiplicative analytical framework of “endogeneity × embeddedness × operability”, revealing two pathways to realization: interest re-embedding and social network re-embedding. “Governance momentum” was defined as the dynamic process through which village rules and regulations transform from textual form into the actual capacity to regulate villagers’ behavior. The effectiveness of the regulations depends on the multiplicative synergy among procedural endogeneity, the embeddedness of enforcement mechanisms, and the operability of provisions. Effectiveness is achieved only when all three conditions are met simultaneously; the absence of any one dimension leads to a slide toward formalism. These findings provide a testable analytical framework for judging the effectiveness of village rules and regulations, and offer policy implications for transitioning western rural areas from “full coverage” to “genuinely effective” in the construction of such regulations.

     

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