论文部分内容阅读
就调整农村地区的丧葬活动而言,存在着三种社会治理规范,即国家法(硬法)、软法以及民间法。从实践中的情况来看,以土葬为核心的民间法实际规范着农村地区的丧葬活动,而以火葬为核心的国家法(硬法)和软法则很难发挥实效。通过对沅水流域Z村抬丧习俗的考察,可以得出民间法获得成功的原因。Z村的抬丧习俗由丧伕的产生机制与丧伕的决策机制两部分组成。这两种机制的形成与运作都坚持了“清晰界定边界”“与当地条件相一致”“集体参与”“监督”“冲突解决”以及“政府容忍”等原则,因而成功地实现了自主治理。在国家法(硬法)和软法的制定过程中,应当借鉴民间法的成功经验,从而更好地发挥社会治理功能。
In terms of adjusting funeral activities in rural areas, there are three kinds of social governance norms, namely, state law (hard law), soft law and civil law. In practice, the civil law centered on the burial of mounds actually standardizes the funeral activities in the rural areas. However, the state law (hard law) and the soft law based on the cremation are very hard to be effective. Through the study of the customary practice of carrying out Z villages in the Yuan River Basin, we can draw the conclusion that the folk law is successful. The village Z funeral custom consists of two parts: the production mechanism of mourning and the decision-making mechanism of mourning. The formation and operation of these two mechanisms are consistent with the definition of “clearly defined borders” consistent with the local conditions “” collective participation “” supervision “” conflict resolution “and ” government tolerance "And other principles, which successfully achieved its own governance. In the process of formulating the national law (hard law) and the soft law, we should learn from the successful experience of the civil law so as to give full play to the function of social governance.