民间法视野中的村规民约——以河北省某村的民间调查为个案

村规民约对农村的稳定和发展起着重要的作用。从历史上看,在想当长的一段时期内,村规民约都起到了维护农村规则之治的作用。近年来,随着村委会制度和村民自治的完善,出现了越来越多的村规民约。从制定法的角度来看,村规民约并不属于正统的国家法律体系,只能归入民间法的体系中。在民间法的体系下,村规民约有着其特殊的构成、性质和作用。

The Regulation of Village and Nongovernmental Agreement Under Folk Law

The regulation of village and nongovernmental agreement make a very important function to the stability and development of the villages. From a historical review, the regulation of village and nongovernmental agreement has taken the role of ruling by regulation for a long period. In nowadays, with the progress of villagers' committee system and self-governance by villagers, the regulation of village and nongovernmental agreement become more and more. From the view of statute law, the regulation of village and nongovernmental agreement should belong to folk law system, rather than state law system. Under the folk law system, the regulation of village and nongovernmental agreement has special constitution and character and function.