论村规民约与国家法律的冲突

冲突表现为三种情形 :国家法律不禁止的行为 ,村规民约予以禁止 ;国家法律保障的权利 ,在村规民约里被剥夺 ;国家法律予以界定的行为 ,在村规民约中也有界定 ,但内容不一致。冲突的根源为 ,乡村同时存在法律所承载的国家权力和村规民约所承载的村庄治权。另外由于一些地方法律供给不足 ,村民更倾向求助村规民约。协调两者的冲突有三条路径 :界定之路、融通之路和解放之路

Dicussion About Conflicts Between Regulations of Village and the Law

Conflicts display three conditions:1 The behaviour allowed by the law will be prohibited by the regulations of village.2 The rights protected by the law will be deprived by the regulations of village.3 The behaviour that marked a limit by the law will also be done by the regulations of village;but there are somedifference of contents between them.The basic resons of Conflicts:1 The rights of country given by the law exist in the small twons as well as the autonomy of village given by the regulations of the village,so the conflicts are not aviodable.2 As some areas are in want of the statutes and rules, villagers prefer to ask for help from the regulations of village.There are three methods to harmonize the conflicts between them:the path of boundary,the path of harmony,the path of liberation