Village Rules Matters, Form And Potency Investigation And Analysis

Chinese abstract village rules stem from the native place folk, is the countrymen according to own native place culture tradition, the natural condition and the realistic benefit formulation, in which has manifested the countryman very strong practical rationality.Therefore, we study its time, not only must make clear its content is any, must study it to have, the existence and the development intrinsic mechanism, analyzes future tendency which its inevitability and the necessity as well as it develops.These duties are impossible to complete completely in the library, need the massive on-thes-spot investigation, grasps the first material.The author to included Jinan Zhang Qiu high to, the Liaocheng Dongchnag government office Yao village several villages carries on has visited the investigation and study, the collection some existing writing village rules, and had understood they produced background, and implementation situation.Because the present our country's existing writing village rules are formulate in under civil administration department's surveillance instruction, therefore, such village rules although in the form quite is standard, in the content has also rejected the original illegal place.But, these existing writing village rules have departed from countryman's natural demand to a great extent, manifests more is the government to the villagers autonomous goal design and the pursue, has the very strong construction, lacks vitality and vigor which the village rules should have, even in order to pursue "the civilization" so-called, has encroached upon villagers' routine right, is put aside by the villagers, to keep at a respectful distance.Therefore, such village rules function should not by the impractical overestimation.But villagers' are innate they the logic, some become a custom through usage since long ago non-existing writing village rules, although contradicts with the present law, because can conform to the majority villagers' psychology anticipated, with the countryside fair, the just idea agrees with, still was playing the role, was maintaining the village order.The author quite typical "marries off a daughter", "the inheritance" to at present in the countryside "the homestead " and so on a series of realistic questions carries on the investigation, through to some countryside actual case analysis and the inquisition, has excavated the non-existing writing village rules vitality the reason that the formidable intrinsic reason.But, and rules a nation legally along with the China market economy fast advancement the idea gradual deepening, the village rules survival and the development is facing the unprecedented challenge.In the countryside people's production method, the life style and the thought idea has had the deep transformation.Traditional village rules Lai Yi exists the social soil is barren.The national written law is also gradually improving, by its authority, compulsory, superiority and so on generality, are extruding the village rules active space.More and more many people chose have determined right and wrong the right and wrong from the legal angle of view, forecast others behavior, planned oneself behavior, carried on the benefit gambling.Family's head of the clan already lose not the inviolable dignity.The village heads are facing the right consciousness enhancement villagers, feels in many questions lacks the ability to do what one would like, the situation day by day is also awkward, already in was not in the village authority's fair representative.But, as a result of the national written law inherent limitation (legal adjustment scope finiteness, legislation relative hysteresis quality, neglect essence fair justice, efficiency is low, cost is high, language own limitation) is impossible to overcome completely, but the people also are pursue the use rationally, the folk method by its nimble, convenient, agrees with specifically the actual characteristic the unique function which also can display in certain aspects.Its content and the form can have some changes.