On Traditional Village Regulations And Rules

In ancient China, the imperial power and patriarchal ethics were maintained long-standing. However, the actual control of the state power for the rural society was absent due to the limitation of the governance capacity. For a long time, the rural society was managed by the local communities in which the village elites were the core leader power with the traditional village regulations and rules. As an important form of village control, traditional village regulations and rules covered many aspects of the rural communities such as economic production, social life and environmental protection. Traditional village regulations and rules played an important role in maintaining existing social order, preserving healthy interaction relationship between the state and the rural society, keeping relative stability within the whole country.This article examines the evolution of the traditional village regulations and rules, analyzes its origin of idea and culture, evaluates its efficiency for the ancient Chinese society, and analyzes its historical limitation so as to provide a warning to modern society. Firstly, this article defines the concept of the village regulations and rules, analyzes their common characteristics and types. Secondly, this paper combs the historical evolution of the traditional village regulations and rules, clarifies their characteristics and natures in different historical stages. As a culture pattern and an unofficial system, the traditional village regulations and rules have undergone through a long process of evolution. In this process, the traditional village rules evolved from previous oral forms to the written forms and the contents extended to maintaining social order, managing common resources and educating villagers, the mutual aid of the agricultural production and the daily life between villagers. This transformation corresponded to the penetration of the state power. Thirdly, this article analyzes the ideological and cultural headwaters of the traditional village regulations and rules. The traditional village rules were built on the Confucian doctrine. After the Song dynasty, the values of the traditional village rules corresponded to the state's ideology because of the reformation of Confucianism. However, this change weakened the effect of the traditional village rules. After the later Qing dynasty, some new elements such as "democracy", "freedom" and "equality" were added to the traditional village rules due to the spread of the western legal thought. In addition, other elements including economic development of the rural society, the traditional value of the local people and traditional moral-ethical ideas all affected the traditional village rules in different degrees. Fourthly, this paper examines the formulation and enforcement of the traditional village rules. Through the analysis of the social structure and organizations of the ancient rural society, we thought that the elites especially the gentries of the rural communities advocated constituted and executed the traditional village rules. During the Ming and Qing period, the rural communities interacted with governments in the course of enforcing the traditional village rules. On one hand, the rural communities invited governments at different levels to participate in the formulating and enforcing of the traditional village rules so as to gain their recognition and support, and gain more legitimacy and authority. On the other hand, the state power recognized and supported the traditional village rules actively so as to extend its control for the rural society. Fifthly, this article analyzes the effect and historical limitation of the traditional village rules. As historical product, the traditional village rules were like a double-edge sword. On the one hand, it played a positive role in promoting economic production, rectifying social environment, maintaining social order and protecting ecological environment without intervening the state power. On the other hand, the traditional village rules included many feudal contents which distorted human nature, suppressed individual freedom and obstructed social development due to their historical limitation. Sixthly, this thesis analyzes the historical thought of the traditional village rules and provides a warning for modern society. As an important element of the traditional culture, the traditional village rules are still the core of the modern rural management. So, the way that smoothing the relationships between village elites, governments and peasants, playing the role of the informal system maximally, decreasing the costs of management, increasing self-awareness of villagers is the best choice for the construction of the modern rural communities.In sum, the traditional village regulations and rules evolved and developed continually through the interaction of village elites, governments and peasants. Within this system, these three groups played different roles. Village elites advocated, constituted and executed these rules; governments at different levels were supervisors and supporters of them; and the peasants determined whether or not these traditional rules were successful. Absence of and the unbalance among their powers might cause failure of the traditional village rules. The evolution of t traditional village rules proved that:1) the support of the state power could guarantee the efficacy of traditional village rules. However, interference and control of the state power declined "self-governance" of the rural communities.2) The traditional village regulations and rules were ideological patterns designed by village elites, so they expressed just village elites' wishes and aspirations. At the same time, the ordinary members of the rural communities still were in the lower class. While they had the right to say no to a common project, they did not think it was worthwhile, they could not get leading positions in local rural community because they were poor in knowledge, prestige and poverty. Their right to participate was still low. It was inevitable that their right was infringed repeatedly. The lesson for present times is that the healthy development and effective execution of modern village regulations and rules depend on smooth relationships and the correct allocation of functions between the three groups. Notably, peasants must have rights to speak and participate in the formation and evaluation of village regulations and rules.