Study On The Function And Normative Adiustment Of Village Rules And Regulations Under The Vision Of Social Governance

China has been a big agricultural country since ancient times,and the vast majority of the total population is the agricultural population.Rural governance is the foundation and important link in social governance.China’s rural governance has a long history and cultural tradition.The village rules and regulations originated from the local society have always been the basic norms of rural governance,and also the basic manifestation of Chinese traditional morality in rural areas.With the rapid development of economy,the acceleration of urbanization,and the energence of new features in social conflicts,social governance,especially the concepts,methods,and contents of grassroots governance and rural governance,need to be continuously improved.In the new historical period of comprehensively governing the country according to law,the full implementation of the rural revitalization strategy,the hedging relationship between the legal norms,village rules and regulations,has gradually emerged.How to apply the Chinese Marxist to this hedging relationship is the foothold of this paper.The village rules and regulations are mainly derived from the adjustment of ethical relations in the agricultural society.The social governance means aiming at the overall interests of the village community is a natural contract.It takes the overall interests of the group as starting point and the obligation punitive norms as the basis.Characteristics,regulating the daily behavior of the villagers,play a major role in rural governance.The village regulations have an important position and influence in the social governance of minority areas in Yunnan.Modern law is the embodiment of the will of the state.It is based on the definition of individual rights and obligations,the maximization of public interest,and the normative constraint of national coercive power.It is an important way of realizing state governance,it is the progress of social modernization and the development of modern civilization.There are differences in the social basis,economic foundation,value concept,production procedure,implementation method,implementation effect working properly and social influence between the village regulations and the national laws,but both are in the vast rural areas of China,especially in Yunnan minority areas.The rural governance complements each othe.It connects the traditional and modern nature,and combines the legal system with the content of the law the village rules.It becomes the prominent feature of the social governance theory system with Chinese characteristics..Studying the normative adjustment of village rules and regulations,analyzing the conflicts between village rules and laws in the historical context from morality to law,studying the methods,paths and objectives of village regulations and legal adjustment,is conducive to promotion The rule of law and virtue and symbiosis and common governance,jointly achieve the goal of social governance,comprehensively promote the rule of law,coordinate the rule of law and foster the practice of socialist core values,and improve the modernization of national governance system and governance capacity.The paper selects Xishuangbanna Dai Autonomous Prefecture as a case study of the field,mainly based on Xishuangbanna’s borderland,multi-ethnicity and mountainous area.The traditional agricultural society and modernization coexist,the farming culture and modern civilization are intertwined,and the village is relatively closed and open to the outside world.The windows have their own characteristics and other characteristics.For the administrative villages and villagers’ groups in the area,through the symposium,household interviews,telephone interviews and questionnaire surveys,the formulation of minority government regulations for the minority villages such as Yi,Hani,Yao,Lahu,Keno and Brown.The field,the content and the implementation situation,combined with the history and culture of the Yi and Jinuo people,analyze the social governance function of the village rules and regulations,the conflict performance and root causes of the village rules and the national law,and propose that the rural grassroots social governance must proceed from reality.To play the role of village regulations,understand the village,understand the village,and solve the public’s worries,use the village rules and regulations to make up for the gaps in the law,combine the flexibility of village rules and the rigidity of law,and guide the village regulations with legal norms.The people’s covenant guides the direction of the development of village rules and regulations,explores the effective path of village regulations and legal adjustments in ethnic areas,adjusts the village rules and regulations,promotes the timely resolution of grassroots contradictions and disputes,and realizes the economy of frontier ethnic areas.Development,national unity,social stability and border peace provide institutional guarantee for the implementation of rural revitalization strategy.In addition to the introduction and conclusions,this article is divided into five parts:The first part is the modernization of governance and governance.Applying the basic principles of Marxism to explain that state governance is the deepening and development of Marxist state theory,expounding the concept of governance,the value and significance of the times,and further clarifying that rural governance is the foundation and difficulty of state governance,and the theory of rural governance.A brief analysis of the practical problems,the main method of rural governance is the village rules and regulations,this part is the theoretical basis of the full text.The second part is an overview of the village regulations.From the perspective of ontology,this paper makes a general investigation on the formation process,existence conditions and functions of village regulations,and defines the core concepts discussed in this paper.The village regulations have a profound historical accumulation and cultural foundation in China,which originated from the natural life of the villagers.According to the realistic living environment of the administrative villages and village groups,the contractual norms formulated and adhered to by the villagers in line with the principle of villagers’ willingness to volunteer.The village rules and regulations have a unique social integration power,reflecting the integration of local culture and modernity.The formation of the village rules and regulations is subject to China’s special urban-rural dual structure,based on village self-government It has played a role in political participation,judicial assistance and grassroots management.The governance role of village regulations at the grassroots level should not be neglected.It plays an important role in maintaining rural order,purifying the atmosphere,and promoting the development of productive forces.In essence,the relationship between the village rules and the law is the relationship between folk law and state law.In the third part,the Xishuangbanna village rules and regulations are used as samples to discuss the formation process of village regulations.Xishuangbanna has the characteristics of multi-ethnicity,multi-religion,borderland,low social development and relatively backward economy.The customary law has played a subtle role in the daily production and life,behavioral norms,moral education,customs and habits of various ethnic groups,and provided a special living soil for the formation of village regulations.With the economic development,land acquisition and demolition,forest land disputes,crimes and other issues have gradually emerged in Xishuangbanna,while the backward economic foundation and weak grassroots governance forces are difficult to cope with the complex situation of border management,so they started from the villagers’ self-government.It has a place to use.At present,there are 222 village(residential)committees and 2212 natural villages in 32 townships(sub-district offices)in one city and two counties of Xishuangbanna Dai Autonomous Prefecture,each with their own village regulations.These township regulations have played an active role in safeguarding the agricultural economy,safeguarding the legitimate rights and interests of farmers,resolving rural conflicts,preventing crimes,and maintaining rural social security.They complemented laws and regulations and played a role in social governance.The fourth part introduces the conflict between the Xishuangbanna village regulations and the law from the perspective of analytic theory,and reveals the problems to be solved in this paper.Through empirical investigation,it points out that the Xishuangbanna village rules and regulations have conflicts with the Constitution,criminal law,administrative law and civil law.These conflicting regulations can play the role of substitute law in real life,and infringe the legitimate rights and interests of villagers to some extent.And interfered with the rule of law in the grassroots organizations.The root cause of this result is that the weak local economic foundation forms a backward social management mechanism,and the weak supervision and the improper management of grassroots autonomous organizations have intensified the opposition between the village regulations and the law.The fifth part analyzes the adjustment of Xishuangbanna village regulations and laws from the perspective of game theory.The rule of law is the basic way of governing the country.The value orientation contained in it is fairness and justice.The realization of fairness and justice focuses on the people’s feelings about judicial cases.This means that the realization of the rule of law must be based on grassroots governance.In order to achieve this goal,the concepts of the rule of law and the rule of virtue need to be integrated in the grassroots governance.The grassroots governance methods of the village rules and regulations must be adapted to the overall promotion of the rule of law.Based on this theoretical basis,the adjustment of village rules and regulations requires the dual adjustment of formal rationality and substantive normativeness in order to realize the legitimacy,practicability,popularity,dvnamicity and participation of village regulations.Specifically,it is necessary to standardize the procedures for the formulation of village rules and regulations,establish a monitoring mechanism for system operation,and unblock the channels for villagers to obtain complaints and remedies,and use grassroots party members and cadres as the main body for the formulation and implementation of village regulations.Guide the people,inspire the people,and educate the people.The main points of the thesis are as follows:First,the village rules and regulations are natural contracts,which are the norms of behavior between law and morality,and have more moral elements.The starting point is to set up from the overall interests of the group,neglect the individual’s interests and lack of respect and maintenance of individual rights;the law is the rule of law contract,which is based on defining and respecting the protection of legitimate rights and interests of individuals,and realizing the overall interests and social public.Maximize benefits.Second,two different contractual spirits arise from two different social forms.The village rules and regulations are generated in the agricultural society,the clan society with the blood relationship as the link,and the clan relationship;the law is to expand with the social division of social interaction,especially in the class society where conflicts of interest and opposition arise,with the national coercive power.Village regulations and national laws are two different ways of social governance.The two have different procedures,scope of application,means of implementation,and social influence.There are contradictions and conflicts,and more importantly,they are interdependent and transform each other.Thirdly,on the basis of confronting the conflicts and contradictions between the village rules and the law,the villages and regulations are subject to nonnative adjustment,so that they meet the requirements of legal governance and the rule of law society,and are guided by law in the rural grassroots governance.Give full play to the flexibility,richness and pertinence of the village rules and regulations,and make up for the rigidity of the law with the flexibility of village rules and’regulations.The two will coordinate with each other,co-exist and co-governance,promote the process of governing the country according to law,and common in grassroots social governance.Playing an important role is the main issue of the paper.Fourth,Xishuangbanna Dai Autonomous Prefecture,as a minority area in the border areas,how to promote the economic and social development of ethnic minority areas,improve the grassroots social governance model,and form a legal and ruling situation that combines the content of legal system with the content of village rules and regulations.Promoting the modernization of the grassroots governance system and governance capacity,promoting harmony,prosperity,and stability in the frontier,and realizing the rural revitalization strategy are also major issues that the paper aims to solve.