Research On The Rural Prohibition Institution In The Early Period Of The Republic Of China

In the Early Period of the Republic of China,Shanxi became the "Model Province" of the whole country because of the village administration.The Rural Prohibition Institution is an important system to develop villagers' autonomy in Shanxi village governance and it undertakes the task of training the people,preserving the etiquette and popularizing the law.The first part observes the evolution of the Rural Prohibition Institution from the angle of the infiltration process between official law and social contract and the modernization of legal system.The rheological process of the Rural Prohibition Institution is not only the process of official law and social contract infiltration,but also the procedure of self-government being guided by government,and the modernization of legal system.The second part studies the contents of the Rural Prohibition Institution.The Village Administration of Shanxi provincial government guides the implementation of the Rural Prohibition Institution from the aspects of the formulation,implementation and the relief of the village prohibition.The implementation of the Rural Prohibition Institution,according to the guidance of the Village Administration,follow the principles of jurisprudence,discussing in public and paying equal attention to punishment and education.The third part of the article analyzes the implementation of the Rural Prohibition Institution and the function of the system.By observing the implementation of the Rural Prohibition Institution,we can see that this system of Shanxi in the Early Period of the Republic of China has played a part in promoting the villagers' autonomy,changing customs and somehow supplementing the law.The Forth part expounds the characteristics of the Rural Prohibition Institution.The institution takes the autonomy as the basic spirit,continues the Chinese traditional Confucian etiquette culture,and provides the guarantee and the support for the system operation by the official Power's guidance and the control.The last part evaluates the modern value of the Rural Prohibition Institution.It inspired modern countries to attach importance to the vitality of civil power in the reform of legal system and emphasized the using of state power in the guidance of rural autonomy.