传统法文化的断裂与现代法治的缺失--少数民族农村法治秩序建构路径选择的社区个案研究

云南省红河哈尼族彝族自治州金平苗族瑶族自治县十里村乡所辖的平安寨,是一个"红头瑶"世居的村落.历史上的平安寨主要依靠其以寨老制度为核心的村落社会控制系统维持社会秩序.在社会变迁的过程中,平安寨的传统法文化出现了断裂,社会控制系统功能衰弱,而国家法的实施又不尽如人意.国家法与习惯法不能良性互动,致使该地区社会秩序和治安成为一个较大的社会问题.因此,需从公权力机关合理性基础的建立、民间权威的整合、国家法建设的完善三个方面来解决平安寨的问题.这是一种从民间、国家两方面努力建构少数民族农村法治秩序的路径.

The Breakdown of Traditional Law Culture and the Deficiency of Modern Rule of Law--A Community Case Study of the Selection of Ethnic Rural Legal Order Construction

Ping'an village is inhabited by the "red-headed" Yao ethnic people generation after generation. It is administered by Shili Village, Jinping Autonomous County of the Miao Ethnic People, Honghe Autonomous Prefecture of Hani and Yi Ethnic People, Yunnan Province. In history, Ping'an village depended mainly on a system stressing the absolute authority of the old to keep order and social security. In the course of social development, traditional culture of Ping'an village is broken down and social control system is weakened. Besides, because of the local customs, the National law fails to be successfully implemented. Consequently, social order and security has become a problem. It is suggested to solve the problems from three aspects: the establishment of proper public force organs, reorganization of local authority, and the maintenance of national law enforcement. This is a model to keep ethnic rural legal system on the part of both the state and the local people.