【摘要】 党的二十大报告提出：“推进多层次多领域依法治理，提升社会治理法治化水平。”村规民约作为乡村社会依法治理的重要规范资源，实现其自身的法治化是提升社会治理法治化水平的关键一环。“村规民约违法”是村规民约法治化面临一个治理难题，而合法性审查是有效纾解此难题的重要路径。村规民约合法性审查是确保村规民约“良法”品质，保障村民合法权益，化解乡村社会矛盾纠纷，促进村民自治，推动法治乡村建设等的现实需要；村规民约的属性学说、法治统一原则以及《村民委员会组织法》相关规定为此项审查提供了的理论和规范的正当性基础。推进这项审查，应构建以村务监督委员会的内部审查为主体，以乡镇政府、受案法院和乡镇人大的外部审查为补充的多元审查主体体系；坚持有限的实质合法性审查原则，形成由“内容不抵触、权限不越位、主体适格、程序正当”等要素构成的多元审查标准体系；区分内外审查方式，确立由内部审查程序与外部审查程序构成的二元审查程序体系。更多还原

【Abstract】 The report of the 20th National Congress of the Communist Party of China stated, “promote law-based governance at multiple levels and in multiple areas, and improve the rule of law level in social governance.” Village regulations is a norm resource of law-based governance in rural society, and realizing its own legalization is a key link in enhancing the level of the rule of law in social governance legalization. “Village regulations violate the law” is a governance problem of the legalization of village regulations, and legitimacy review is a significant path to effectively relieve this problem.The legality review of village regulations is practical need for ensuring the “good law” quality of village regulations, protecting the legitimate rights and interests of villagers, resolving social conflicts and disputes in rural areas, promoting the autonomy of villagers, and propelling the construction of village based on rule of law.The theory of the attributes of village regulations, the principle of unified rule of law, and relevant provisions of the Organic Law of the Villagers’ Committees provide a theoretical and normative basis for this review.To promote this review, it is necessary to construct a multi-subject review system with the internal review of the village affairs supervisory committee as the main body, supplemented by the external review of the township government, the court receiving cases and the township People’s Congress; adhere to the principle of limited substantive legality review, and form a review standard system composed of elements such as “content not conflicting, authority not exceeding, subject suitability, and procedural legitimacy”; distinguish the internal and external review methods and establish a dual review procedure system composed of internal review and external review.更多还原