【作者】 侯晓光；

【导师】 李树忠；

【作者基本信息】 中国政法大学 ， 宪法学与行政法学， 2014， 博士

【摘要】 自近代以来,随着民权观念的传入普及、民主制度的发展完善以及政治体制的调整变迁,中国乡村社会出现了两次重大的自治变革：一是清末民国时期的乡村自治,一是社会主义改革开放时期的村民自治。乡村自治最初是在清末宪政改革时期制度化并推行的,至民国时成为政治体制中基层部分。清末至民国的乡村自治在坚持了三十余年的实践后,迫于外忧内患的政治环境,无果而终。现阶段的村民自治是改革开放以来中国农民的重大创造,是发自民间而应乎上层的制度设计。村民自治从入宪到试行法、再到正式法律,至今日也已历三十余年,随着村民民主意识、权利意识日益增强,国家在制度供给、经费保障等方面不断投入,作为三大基层民主之一村民自治制度已在乡村扎根,并成为中国特色社会主义基本政治制度。但是,村民自治制度的发展不是一帆风顺的,其间不乏争议和波折,甚至出现思想认识上的反复、实际工作中的执行不力等困难。目前村民自治面临的基本形势,一言以蔽之：缺乏明确推进的指导思想,受困于长期的存量问题,政治动员能量释放已尽,法治秩序自身难以形成,村民自治实践裹足不前。本文通过对清末民国时期乡村自治与改革开放时期村民自治的比较研究,通过对自治概念的本源与进入近代中国“场域”后变迁的考察,通过对两个时期不同的社会观念、法律制度及运作实践的分析,总结我国乡村自治动员模式的选择及其转变趋势,面对当下村民自治面临的总体形势和基本问题,提出：要从政治动员向法治动员转变,开始注重以法治方式来推动村民自治制度的发展完善,以期为村民自治提供有所助益的顶层思维视角。本文考察的主线是以动员模式的演进研究村民自治(乡村自治)的兴起、国家与乡村的关系,以及如何保持村民自治的民主方向、保持法治活力,避免沦为日益扩张的强大政权机关所控制的附属物。在对清末民国时期乡村自治和改革开放以来村民自治进行对比研究时,这是一条主线；在其后考察村民自治与国家政权的关系、村民自治与执政党活动的关系时,动员模式转化作为一条伏线,融入对制度与实践的考察中。本文共分六章,包括绪论、第一章“村民自治的源与流”、第二章“村民自治的两个时期(上)”、第三章“村民自治的两个时期(下)”、第四章“村民自治与国家政权的关系”及结论。绪论部分主要是阐述选题缘起、研究进路和意义,对学术界研究成果进行梳理及问题分析,提出所使用的研究分析框架等。第一章“村民自治的源与流”主要是分析自治概念的本源与发展,以此为基础探寻西方自治概念传入中国的路径,并对比研究中国传统社会中“自治”概念及其演变过程,考察村民自治的本源与不同的探索形式,分析我国乡村自治的动员模式选择。第二章、第三章“村民自治的两个时期”主要是以动员与自治的关系为视角,通过对清末民国时期乡村自治与社会主义改革开放时期村民自治的比较,考察两个时期村民自治(乡村自治)兴起的社会政治背景、制度发展与变迁、运作上的特点等,并试图对两个时期不同的发展路径进行对比研究,以发掘出两者的联系、经验与规律。第四章“村民自治与国家政权”主要是通过对清末民国时期乡村自治和改革开放时期基层民主实践中村民自治与国家政权之间的关系比较,考察国家权力控制与渗入乡村的历史轨迹,产生何种影响,乡村自治体如何因应国家权力进入等；同时考察党权在自治活动中的角色、作用,分析研究村民自治组织与基层党组织的关系。结论部分主要是总结凝练本文观点,总结历史的经验教训,分析当下存在的问题,提出今后应对之策,并展望村民自治的法治远景。更多还原

【Abstract】 Since the modern times, as the concept of civil right imported and popularized, democracy developed and perfected, and the political system adjusted and mobilized, Self-governance in rural society has gone though two major revolutions. The first one happened between the late Qing Dynasty and the period of the Republic of China (1911-1949). The second on happened in the period of reform and open after1978.Self-governance in rural society was first moved in the late Qing Dynasty when constitutional reform was introduced, and began part of the political system during the period of the Republic of China. However, after more than thirty years practice, due to the complicated political environment, the rural self-governance system was not firmly established then. Current rural self-governance system was invented by Chinese farmers after1978. It is a system initiated by the grassroots and recognized by the ruling Party. There has been over30years since current rural self-governance system was embodied in PRC’s Constitution. As rural villagers’ consciousness of democracy and civil rights grow, and the central governments recognize the system by law and provide money support, current rural self-governance system was firmly established in China and began an important part of China’s socialist democratic political system. The development of rural self-governance has encountered a lot of controversies and difficulties. Some people challenge the propriety of the system and the rural self-governance is not well performed in some areas. Now, as no direction has been given, long-term problems have not been resolved, energy of political mobilization diminishes and no rule of law is established, the practice of rural self-governance faces a lot of problems. The article, by comparing the practice or rural self-governance in two different periods, and analyzing how the notion of self-governance and evolution in China impacts the choice of rural self-governance mobilization, and summarizing and analyzing reasons behind the difference of practices in two period, and considering the problems faced now, suggests that we need to move form the political mobilization to legal mobilization, and emphasize the importance of rule of law, and offers a different and helpful perspective to see the problems faced now.This article employs mobilization model to observe the rural self-governance, mainly focusing on the development of rural self-governance, the relationship between the state and the rural society, how the rural self-governance can run on a democratic trail and can be under the doctrine of rule of law to avoid falling down as a subordinate object of the powerful administration. Mobilization model is the main and apparent methodology of comparison between two periods. And mobilization model becomes a underneath methodology when the observation turns to the relationship between rural self-governance and the state power, and the relationship between rural self-governance and the ruling party.There are six chapters of this article, including the Introduction, the Origin and Development of Rural Self-governance, the Two Periods of Rural Self-governance (part1), the Two Periods of Rural Self-governance (part2), the Relationship between Rural Self-governance and State Power, and Conclusion.In Introduction, I explain why I choose this subject, and how the research has been done, and the meaning of the research. I also elaborate how far the academic study has gone and the major issues requiring further study and the basic methodology of my research.In Chapter one "the Origin and Development of Rural Self-governance", I analyze the origin of self-governance and the development of the concept. Based on it, I try to search for the path that the concept of self-governance of the Western was introduceded into China and analyze the "self-governance" in Chinese traditional society and its change.Then I want to analyze the origin and different patterns of rural self-governance in our country. At the end of the Chapter one, I elaborate the choice of mobilization models in the development of rural self-governance.Chapter two and three are about two periods of rural self-governance. From the relationship of mobilization and self-governance perspective, I compare the two periods of self-governance. I state the social and political backgrounds of the development of the rural self-governance in these two periods, and how the system of rural self-governance evolved, and the characters of the rural self-governance practice. The comparison tells us how these two separate periods are related and the basic pattern and experience of rural self-governance in China.Chapter four is about the relationship between rural self-governance and state power. Apart from the comparison of the two periods, I also elaborate how state power has influenced the rural self-governance and what exact influence it has been, and how the rural society responses to this influence. Furthermore, the role and function of ruling political parties, especially the relationship between the organ of rural self-governance and the basic party branch, is observed.In Conclusion, I summarize the essential observation of this article, including a brief summary of the experience of the rural self-governance and current problems faced, suggesting solutions to fix these problems, and anticipating the future of rural self-governance under the doctrine of rule of law更多还原