| The village rules are codes of conduct for villagers’ autonomous organizations to manage themselves in a specific area.Improving the rural governance system of“three-governance integration” is the key guarantee for China’s implementation of the rural revitalization strategy.Under the guidance of the rural governance system,the village rules have become an important breakthrough in realizing the Chinese reshaping of grass-roots good governance and stabilizing social order.The theories of “facts” and “norms” are two representatives in the process of discussing the judicial application of village rules.The theory of “facts” regards village rules as pure social facts and ignores the value orientation of its while the theory of “norms” takes it as a kind of institutional fact,indicating that they are compatible with law,whether they are used as facts or norms.There is a certain degree of correspondence between the entry of village rules into justice and the acceptance form of justice.The village rules are presented in the facts of the case as a certain factual element under normal circumstances,while it serves as a normative element or even cited as a basis for judgment in a special.The breakthrough in the study of the application mechanism of village rules into the judicial system is to explore the structural relationship between village rules and judicial norms.with the help of normative theory and empirical research methods,this thesis demonstrates the theoretical legitimacy and practical rationality in the judicial application of village rules.The value orientation of the combination of reason and law contained in village rules is consistent with substantive fairness and justice pursued by judges and tribunals.Taking the value orientation of village rules as an opportunity to clarify the status of supplementary law sources of village rules.Introducing village rules into the construction of specific legal norms by a series of filtering mechanisms to fix legal loopholes. |
