法治乡村建设进程中 “法治失灵” 的生成与消解

The Generation and Dissolution of “Failure of the Rule of Law” in the Process of Rural Construction under the Rule of Law

  • 摘要: 法治乡村建设是全面依法治国的核心组成部分,是实现国家治理体系和治理能力现代化的重要内容。“法治失灵”引发的村民对法治的轻视、质疑与抵触,严重阻碍了法治乡村建设的进程。乡村民众传统礼治思维与法治思维脱节、乡土风俗习惯与现代法规范间存在冲突,是“法治失灵”现象生成的主要原因。新时代背景下,要消解“法治失灵”的阻碍、促进法治乡村建设与乡村治理效能提升,应着力完善“三治”融合的乡村治理体系,弥补单一法治的欠缺;构建嵌入乡村场域的公共法律服务体系,加快乡村民众法律思维的培育;推行能动司法与人性化法治,化解法律规范与民间规范间的冲突。

     

    Abstract: Rural construction under the rule of law is the core component of the overall rule of law and the important content of realizing the modernization of national governance. “Failure of the rule of law” causes villagers to despise, question and resist the rule of law, which seriously hinders the process of the construction of the rule of law in rural. The main reasons are the disconnection between the traditional thinking of rule of ceremony and the thinking of rule of law, and the conflict between the local customs and the modern legal norms. In new era, in order to eliminate the obstacles of “failure of the rule of law” , efforts should be made in improving the rural governance system of “three governance” to make up for the lack of single rule of law; constructing the public legal service system to accelerate the cultivation of rural villagers’ legal thinking; carrying out active judicature and humanized rule of law to resolve conflicts between legal norms and civil norms.

     

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