論北美殖民地村鎮(zhèn)自治制度
發(fā)布時(shí)間：2019-04-07 18:04
【摘要】： 地方自治制度如果能在一個(gè)國家得到廣泛的認(rèn)同,那其必然在這個(gè)國家有著深厚的民眾基礎(chǔ)。沒有民眾擁護(hù)的自治制度是沒有生命力的制度,將會(huì)湮滅在歷史的塵埃之中。在美國,地方自治制度在基層的順利運(yùn)行,不僅降低了行政成本,而且提高了民眾參與公共管理的熱情,我們不能僅僅是贊嘆其制度設(shè)計(jì)之精巧,其與美國國情的結(jié)合之完美,而是應(yīng)該更深一層地問一下:為什么地方自治制度能夠在美國落地生根,而沒有淪為上級(jí)政府的傳聲筒?在對(duì)美國地方自治制度的研究中我們不能僅僅只看到美國地方自治制度在現(xiàn)在是如何運(yùn)行的,為什么這樣運(yùn)行,我們似乎更應(yīng)該把目光投向美國地方自治制度的源頭:北美殖民地村鎮(zhèn)自治制度,從中尋找美國地方自治制度的生命源泉。 只有民眾的支持才能給一個(gè)制度注入生命力,在北美殖民地時(shí)期,特殊的自然社會(huì)環(huán)境使得村鎮(zhèn)成為了人們生產(chǎn)生活的中心,村鎮(zhèn)的地位空前提高了,成為了政治經(jīng)濟(jì)的重要舞臺(tái),村鎮(zhèn)自治在當(dāng)時(shí)是必然也是必需的,遙遠(yuǎn)的距離使得英國國王的權(quán)威在這里被稀釋掉了,巨大的權(quán)力真空給予了村鎮(zhèn)自治組織發(fā)展和完善的空間。當(dāng)然,這一切歷史條件都不可能重現(xiàn)了,但這并不意味著北美殖民地村鎮(zhèn)自治制度對(duì)于別的國家沒有任何借鑒意義。正是因?yàn)槊绹猩?qiáng)大的地方自治組織,基層民主才會(huì)富有活力,基層公共管理才能適應(yīng)當(dāng)?shù)氐男枰?地方行政成本才能降低……當(dāng)然,北美殖民地村鎮(zhèn)自治制度也不是毫無瑕疵的,例如有的村鎮(zhèn),不民主不公正的現(xiàn)象也存在,但殖民地居民追求民主,追求自治的熱情從來沒有消退。在村鎮(zhèn)會(huì)議這個(gè)小小的平臺(tái)之上,對(duì)外,他們?nèi)ΡＰl(wèi)村鎮(zhèn)自治的權(quán)利,對(duì)內(nèi),他們?cè)诠芾碜约旱募覉@的同時(shí),也對(duì)民主政治的一些基本原則有了更加深入的理解。正是借助這個(gè)平臺(tái),使得民主政治的基本要義進(jìn)入了殖民地居民的日常生活,即使是那些目不識(shí)丁的自耕農(nóng)也對(duì)這些東西了如指掌�？梢哉f,長時(shí)間存在并發(fā)揮著巨大作用的殖民地村鎮(zhèn)會(huì)議把北美殖民地居民培養(yǎng)成具有自主獨(dú)立意識(shí)的公民! 在研究北美殖民地村鎮(zhèn)自治制度的過程中,筆者借助國內(nèi)外對(duì)北美殖民地村鎮(zhèn)自治制度的論著進(jìn)行研究,力圖將北美殖民地村鎮(zhèn)自治制度的產(chǎn)生、變遷和影響還原到美國建國前的歷史中去,結(jié)合當(dāng)時(shí)的歷史背景解讀北美殖民地村鎮(zhèn)自治制度,分析北美殖民地村鎮(zhèn)自治制度產(chǎn)生的原因、動(dòng)力,其變遷完善以及由此產(chǎn)生的歷史效果,不斷探求產(chǎn)生北美殖民地村鎮(zhèn)自治制度各種因素,筆者認(rèn)為,最重要的兩個(gè)因素是:第一是自治組織內(nèi)部成員之間的獨(dú)立性,這種獨(dú)立性不僅包括在經(jīng)濟(jì)上的獨(dú)立,而且包括在人身上的獨(dú)立。只有在獨(dú)立的個(gè)體中才能產(chǎn)生平等的“政治契約”,也才會(huì)有民主的自治組織出現(xiàn)。第二是外部權(quán)力弱化或真空,自治組織成立的初期是非常脆弱的,需要一個(gè)少有干擾的外部環(huán)境,過于強(qiáng)大的外部權(quán)力侵入會(huì)破壞自治組織的獨(dú)立性,以及成員之間的獨(dú)立平等,使得自治組織名存實(shí)亡,淪為外部權(quán)力的傳聲筒。如今,我國在進(jìn)行基層民主建設(shè)之時(shí),劃定基層自治組織的權(quán)力范圍是非常關(guān)鍵的一步,如果給予基層自治過于廣泛的權(quán)力有權(quán)力濫用的風(fēng)險(xiǎn),如果將其權(quán)力限制的過小,基層民主又將徒具形式,北美殖民地村鎮(zhèn)自治制度對(duì)我國基層民主建設(shè)是有點(diǎn)借鑒意義的。
[Abstract]:The local self-government system, if it can be widely accepted in a country, must have a deep popular base in the country. The self-government system, which is not supported by the people, is a system without vitality, and will be annihilated in the dust of history. In the United States, the smooth operation of the local self-government system in the grass-roots level not only reduces the administrative costs, but also increases the enthusiasm of the people to participate in public management. Why is the local self-government system able to take root in the united states without being a voice drum of a higher-level government? In the study of the system of local self-government in the United States, we can not only see how the local self-government system in the United States is running now, and why should we look more on the source of the local self-government system in the United States: the autonomous system of the colonial and rural areas of the North America, To find the source of life of the local self-government system in the United States. Only the support of the people can inject vitality into a system. In the colonial period of the North America, the special natural social environment has made the villages and towns the center of the people's production and living, and the status of the villages and towns has been improved, which has become an important political and economic situation. The stage and the autonomy of the villages and towns were necessary and necessary at that time. The remote distance allowed the authority of the King of England to be diluted, and the great power of power was given to the development and improvement of the self-government of the villages and towns. space. Of course, it is impossible for all of these historical conditions to be reproduced, but this does not mean that the system of self-government in the North American colonies does not have any reference to other countries Meaning. It is because the United States has a strong local self-government organization, the grass-roots democracy will be dynamic, the grass-roots public administration can adapt to the local needs, the local administrative cost can The self-governing system of the colonial and rural areas of the North America is, of course, not a fault, for example, there are villages and towns, and the phenomenon of undemocratic injustice exists, but the colonists' enthusiasm for pursuing democracy and pursuing self-government has never been On the small platform of the village and town meeting, they are fully defending the right of the self-government of the villages and towns, and in the meantime, they have made a more thorough understanding of the basic principles of the democratic politics at the same time as they manage their own homes. It is through this platform that the basic essential meaning of the democratic politics has entered the daily life of the colonists, even if they are the illiterate self-cultivation peasants. It can be said that the colonial and village conference that has played a great role for a long time has brought the colonial residents of North America into an independent and independent consciousness. On the basis of the study of the self-governing system of the colonial villages and towns in the North America, the author tries to restore the generation, the change and the influence of the self-governing system of the colonial and rural areas of the North America to the state before the founding of the United States. On the basis of the historical background, the paper analyzes the causes, power, changes and the historical effect of the self-governing system of the colonial and rural areas of the North America, and explores the various factors of the self-government system of the colonial and rural areas in the North America. In the author's opinion, the most important two factors are: first is the independence of the internal members of the self-governing organization, which not only includes economic independence, but also among the people The independence of the body. Only in an independent individual can an equal "political contract" be produced, and there will be a democratic self. The second is the weakening of the external power or the vacuum, the initial stage of the establishment of the self-governing organization is very fragile, requires a rare external environment, too strong external power invasion will destroy the independence of the self-governing organization, and the independent equality between the members, so that the autonomous group To become an external right when the name of the organization is to be saved. Now, at the time of the grass-roots democratic construction, it is a very important step to define the power of the grass-roots self-government organization. If the basic autonomy is too broad to have the risk of power abuse, if the power is limited, the grass-roots democracy in that form of an act, the system of self-government of the colonial and rural areas of the North America is a little more important to the democratic construction of the grass-
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類號(hào)】：K712.3
本文編號(hào)：2454294
[Abstract]:The local self-government system, if it can be widely accepted in a country, must have a deep popular base in the country. The self-government system, which is not supported by the people, is a system without vitality, and will be annihilated in the dust of history. In the United States, the smooth operation of the local self-government system in the grass-roots level not only reduces the administrative costs, but also increases the enthusiasm of the people to participate in public management. Why is the local self-government system able to take root in the united states without being a voice drum of a higher-level government? In the study of the system of local self-government in the United States, we can not only see how the local self-government system in the United States is running now, and why should we look more on the source of the local self-government system in the United States: the autonomous system of the colonial and rural areas of the North America, To find the source of life of the local self-government system in the United States. Only the support of the people can inject vitality into a system. In the colonial period of the North America, the special natural social environment has made the villages and towns the center of the people's production and living, and the status of the villages and towns has been improved, which has become an important political and economic situation. The stage and the autonomy of the villages and towns were necessary and necessary at that time. The remote distance allowed the authority of the King of England to be diluted, and the great power of power was given to the development and improvement of the self-government of the villages and towns. space. Of course, it is impossible for all of these historical conditions to be reproduced, but this does not mean that the system of self-government in the North American colonies does not have any reference to other countries Meaning. It is because the United States has a strong local self-government organization, the grass-roots democracy will be dynamic, the grass-roots public administration can adapt to the local needs, the local administrative cost can The self-governing system of the colonial and rural areas of the North America is, of course, not a fault, for example, there are villages and towns, and the phenomenon of undemocratic injustice exists, but the colonists' enthusiasm for pursuing democracy and pursuing self-government has never been On the small platform of the village and town meeting, they are fully defending the right of the self-government of the villages and towns, and in the meantime, they have made a more thorough understanding of the basic principles of the democratic politics at the same time as they manage their own homes. It is through this platform that the basic essential meaning of the democratic politics has entered the daily life of the colonists, even if they are the illiterate self-cultivation peasants. It can be said that the colonial and village conference that has played a great role for a long time has brought the colonial residents of North America into an independent and independent consciousness. On the basis of the study of the self-governing system of the colonial villages and towns in the North America, the author tries to restore the generation, the change and the influence of the self-governing system of the colonial and rural areas of the North America to the state before the founding of the United States. On the basis of the historical background, the paper analyzes the causes, power, changes and the historical effect of the self-governing system of the colonial and rural areas of the North America, and explores the various factors of the self-government system of the colonial and rural areas in the North America. In the author's opinion, the most important two factors are: first is the independence of the internal members of the self-governing organization, which not only includes economic independence, but also among the people The independence of the body. Only in an independent individual can an equal "political contract" be produced, and there will be a democratic self. The second is the weakening of the external power or the vacuum, the initial stage of the establishment of the self-governing organization is very fragile, requires a rare external environment, too strong external power invasion will destroy the independence of the self-governing organization, and the independent equality between the members, so that the autonomous group To become an external right when the name of the organization is to be saved. Now, at the time of the grass-roots democratic construction, it is a very important step to define the power of the grass-roots self-government organization. If the basic autonomy is too broad to have the risk of power abuse, if the power is limited, the grass-roots democracy in that form of an act, the system of self-government of the colonial and rural areas of the North America is a little more important to the democratic construction of the grass-
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2008
【分類號(hào)】：K712.3
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