本文選題：鄉(xiāng)規(guī)民約 + 《呂氏鄉(xiāng)約》　； 參考：《湘潭大學(xué)》2017年碩士論文

【摘要】：傳統(tǒng)鄉(xiāng)規(guī)民約是在具有鄉(xiāng)土社會特性的傳統(tǒng)中國中由居住于同一地域的鄉(xiāng)民基于自愿制定的用于教化鄉(xiāng)民、維護秩序,規(guī)范集體成員的行為準則,是一種民間行為規(guī)范,是國家制定法的重要補充。南宋時期,呂大鈞為和順鄉(xiāng)里,成就里仁風(fēng)俗之美,始創(chuàng)《呂氏鄉(xiāng)約》,開啟了鄉(xiāng)民自治并有固定文本規(guī)則的歷史�！暗聵I(yè)相勸,過失相規(guī),禮俗相交,患難相恤”,綱舉目張,包括了道德、文化、經(jīng)濟、社會各方面的內(nèi)容。把建立一個道德領(lǐng)先、民風(fēng)淳厚、關(guān)系和諧、秩序穩(wěn)定的鄉(xiāng)村社會的方方面面都包括在內(nèi),構(gòu)成了鄉(xiāng)土社會秩序建設(shè)的全面綱領(lǐng)。終使關(guān)中風(fēng)俗為之一變。而后,朱熹按照《呂氏鄉(xiāng)約》有所損益,使《呂氏鄉(xiāng)約》得以流傳后世。至明太祖朱元璋建國后,頒行《圣諭六言》,以宣講圣諭的方式頒行全國,教化鄉(xiāng)民。明朝思想家王守仁巡撫南贛時頒行《南贛鄉(xiāng)約》,若說《呂氏鄉(xiāng)約》是一個自愿自由的組織,那么王守仁施行的《南贛鄉(xiāng)約》便沒有了討價還價的余地,全體村民必須全部參加,而也正因為如此,鄉(xiāng)約的施行得到更強有力的保證。最終,鄉(xiāng)規(guī)民約在呂坤施行《鄉(xiāng)甲約》時達到一個新的階段,呂坤合鄉(xiāng)約與保甲為一,寓鄉(xiāng)約于保甲之中,鄉(xiāng)約重在教化而保甲保衛(wèi)治安,但也因滲進了太多的政治力量使鄉(xiāng)約的自治性有所減弱,至清朝時,鄉(xiāng)約已然成為官府推行其統(tǒng)治的政治工具,不得不說是一種遺憾。新中國成立后,因國家對地方的行政干預(yù)無遠弗屆,鄉(xiāng)村自治一度衰竭,改革開放后,緊隨著家庭聯(lián)產(chǎn)承包責(zé)任制的推行,新中國第一部由村民自發(fā)約定產(chǎn)生的村規(guī)民約于1980年在廣西宜山縣果作村產(chǎn)生,村民自治于1982年最終被寫進憲法,自此以制定村規(guī)民約為主的村民自治運動在法律政策的支持下在全國各地轟轟烈烈地展開。因有鄉(xiāng)民自治的傳統(tǒng),傳統(tǒng)鄉(xiāng)規(guī)民約便為村規(guī)民約的發(fā)展提供了豐富的營養(yǎng),通過對傳統(tǒng)與現(xiàn)代鄉(xiāng)規(guī)民約文本進行分析我們可以發(fā)現(xiàn)大量的相似之處,如重視道德教化、維護社會治安、促進生產(chǎn)、保護自然資源、解決民間糾紛等等。然而傳統(tǒng)資源中仍有許多待開發(fā)利用之處,如現(xiàn)今的村規(guī)民約往往使道德教化流于形式,缺乏傳統(tǒng)鄉(xiāng)規(guī)民約的儀式感,并且現(xiàn)代的村規(guī)民約自身仍然存在如內(nèi)容不合法、操作性差等問題亟待完善。本文認為,應(yīng)從兩個方面對當代的村規(guī)民約進行完善,一是增強村規(guī)民約的自治性,以使村規(guī)民約的自治作用得以充分發(fā)揮保證,二是培養(yǎng)自治人才,三農(nóng)問題歷來是黨和國家高度重視的問題,目前我國農(nóng)村人口總數(shù)仍然龐大,這就勢必需要大量的專門性人才,而“新鄉(xiāng)賢”的培育或可成為一個不錯的切入點。
[Abstract]:In the traditional China with the characteristics of the local society, the traditional rural regulations are based on the voluntary formulation by the villagers living in the same area for the purpose of enlightening the villagers, maintaining order and standardizing the collective members. It is a kind of folk behavior norm. It is an important supplement to the national legislation. In the Southern Song Dynasty, Lu Dajun made the beauty of Li Ren's custom in Heshun Township, and founded the "Lui Xiang Covenant", which opened the history of local people's autonomy and fixed text rules. "morality, industry, negligence, courtesy, mutual understanding," the outline, including the moral, cultural, economic, social and other aspects of the content. All aspects of establishing a rural society with moral leading, civil conduct, harmonious relationship and stable order are included, which constitute the overall program of the construction of rural social order. In the end, the customs of Guanzhong were changed. Then, Zhu Xi according to the "Lui Xiang" gains and losses, so that the "Lui Township Treaty" can be passed down to later generations. After the founding of Taizu Zhu Yuanzhang of Ming Dynasty, he issued the "six words of the oracle" to teach the people in the whole country by way of preaching the holy oracle. Wang Shouren, a thinker in the Ming Dynasty, issued the Nangan Township Treaty while he was touring the Southern Gan. If it is said that the Treaty of Lu's Township is a voluntary and free organization, then Wang Shouren's "Nangan Township Treaty" has no bargaining room, and all the villagers must participate in it. And because of this, the implementation of the rural covenant is more strongly guaranteed. In the end, the villagers reached a new stage in the implementation of the "Charter of Village A" by Lu Kun. Lu Kun-kun United the Xiang Charter with the Baojia Treaty, which contained the township in the Baojia area, and the Rural Convention focused on the education of the people and the protection of public order. But also because of the infiltration of too many political forces to weaken the autonomy of the township covenant, by the Qing Dynasty, the township covenant has become a political tool for the government to carry out its rule, which has to be said to be a regret. After the founding of the people's Republic of China, due to the state's administrative intervention on the local level, the rural autonomy was once exhausted, and after the reform and opening up, the implementation of the household contract responsibility system with output was closely followed by the implementation of the household contract responsibility system. The first village rules and regulations, which were spontaneously agreed upon by villagers in New China, came into being in Guozuo Village, Yishan County, Guangxi, in 1980, and villagers' autonomy was eventually written into the Constitution in 1982. From then on, the villager autonomy movement with the support of law and policy was launched in various parts of the country. Because of the tradition of the autonomy of the villagers, the traditional rules of the villagers provide rich nutrition for the development of the rules of the village. Through the analysis of the texts of the conventions of the traditional and the modern villagers, we can find a lot of similarities, such as the importance of moral education. Maintain public order, promote production, protect natural resources, resolve civil disputes and so on. However, there are still many aspects to be exploited and utilized in the traditional resources, such as the fact that the present village rules often make moral education become a mere formality, lack the ritual sense of the traditional village rules, and that the modern village rules still exist in themselves, such as the illegal contents. Problems such as poor operation need to be improved. This paper holds that the contemporary village rules should be perfected from two aspects, one is to enhance the autonomy of village rules, so that the autonomy of village rules can be fully played, and the other is to train autonomous talents. The issue of "agriculture, countryside and farmers" has always been highly valued by the Party and the country. At present, the total number of rural population in our country is still huge, which is bound to require a large number of specialized talents, and the cultivation of "the virtuous people in the new countryside" may become a good breakthrough point.
【學(xué)位授予單位】：湘潭大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2017
【分類號】：D929

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相關(guān)期刊論文 前1條

1 侯猛;;村規(guī)民約的司法適用[J];法律適用;2010年06期

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本文編號：1965622