近世鄉(xiāng)紳治理與國家權力關系研究
發(fā)布時間：2018-07-14 15:37
【摘要】：本文旨在探討,在中國這樣一個有著深厚傳統(tǒng)積淀同時又面向現(xiàn)代化的東方國家中,應當通過怎樣一種方式配置鄉(xiāng)村公共權力,才能既保證國家對基層社會的控制,又能使真正體現(xiàn)社會自主性的鄉(xiāng)村自治成為一種現(xiàn)實。選擇“鄉(xiāng)紳治理與國家權力關系”這一路徑來尋求以上問題的解決,則是基于歷史學的經(jīng)驗研究和法政治學的邏輯分析相結合的方法論。核心概念的界定是研究的邏輯起點。在眾多關于鄉(xiāng)紳的歷史敘事中,本文提煉出鄉(xiāng)紳在不同歷史時期所具備的共同特征并結合當時的語境,給出了一個結構性的界定標準,包括知識、財富和身份。其中最為根本的是身份要素,即在具有知識要素和財富要素以后,一個初步被認同為鄉(xiāng)紳的人必須在社會行動中獲得其公共身份。惟有如此,才能在真正意義上擁有社會權威。這也就意味著對于鄉(xiāng)紳的理解最終落實于動態(tài)的鄉(xiāng)紳治理之中。僅從歷史學的經(jīng)驗研究來看,鄉(xiāng)紳治理無疑是特定歷史時空下的產(chǎn)物。對鄉(xiāng)紳治理的純粹歷史研究也許僅限于分析和闡釋這一現(xiàn)象,并不預知未來。但這并不意味著我們不能透過歷史表象去探求其暗藏的潛流,當然我們必須承認理性和智識的限度。法政治學的邏輯分析方法的采用可以使得我們發(fā)現(xiàn)歷史上的鄉(xiāng)紳治理所蘊涵的某種普遍性法理。本文“鄉(xiāng)紳治理”的概念來自于法政治學中的治理理論。所謂的“治理”即強調(diào)多元主體的共存和伙伴關系,以及彼此之間民主、協(xié)作和妥協(xié)精神�！爸卫�"在本質(zhì)上是一個公共權力的重新整合問題,即如何在國家和社會之間合理配置公共權力,以及如何在國家和社會各自范圍內(nèi)有效的運作權力和彼此之間進行權力合作。鄉(xiāng)紳治理,即通過鄉(xiāng)紳的公共活動使國家和鄉(xiāng)村社會的關系處于一種動態(tài)的平衡之中,既滿足國家控制鄉(xiāng)村社會的需要,同時也遏制國家權力對鄉(xiāng)村的過度汲取,保護鄉(xiāng)村共同體的利益。這無疑是一種良性的國家一社會關系在鄉(xiāng)村場域的體現(xiàn)。在奉行專制集權主義的中國傳統(tǒng)政治中,鄉(xiāng)紳治理有效發(fā)揮作用的關鍵在于處理好與國家權力之間的關系。基于這一前提,本文以一個歷史的長鏡頭考察了近世以來,即16世紀中期到20世紀中期,鄉(xiāng)紳治理與國家權力之間的互動與博弈關系。在明清時期傳統(tǒng)國家背景下,鄉(xiāng)紳治理同時作為國家權力的延伸和防御國家權力的屏障而存在,其本身就體現(xiàn)了國家與社會的疊加、共存和合作。正是鄉(xiāng)紳治理“調(diào)節(jié)器"作用的發(fā)揮使得龐大的帝國機器得以靈活運轉。在晚清的政治危機之下,雖然鄉(xiāng)紳治理僭越國家權力的情況時有發(fā)生,但總體上仍值得國家權力的信任與依賴。兩者的聯(lián)手使得清王朝暫時渡過了內(nèi)部的危機,迎來了一個新的世紀。但20世紀上半葉的大變局終于將鄉(xiāng)紳治理與國家權力之間的合作共存關系徹底打破。清末民初的現(xiàn)代化進程中,一方面國家權力企圖建立對鄉(xiāng)村社會的直接控制而必然打壓傳統(tǒng)的鄉(xiāng)紳治理,另一方面國家法層面上“工具化”的鄉(xiāng)村自治的推行導致了鄉(xiāng)紳治理的異化。最終,在被國家與鄉(xiāng)村社會同時背棄的境遇中,鄉(xiāng)紳治理走向了消亡。鄉(xiāng)紳治理所造就的國家與鄉(xiāng)村社會之間的“緩沖層”不復存在。國家權力直接面對鄉(xiāng)村社會,但卻并沒有建構起現(xiàn)代國家一公民關系——這一西方意義上民族國家所懷揣的理想。反而是前者變得恣意妄為,后者也逐漸退到了忍耐的最底線。顛覆性的革命在鄉(xiāng)村醞釀并最終爆發(fā)。從此,中國走上全能主義政治的道路,直至20世紀80年代村民自治的發(fā)生。在西方市民社會話語下,鄉(xiāng)村社會的公共權力重組問題被重新提起。在憲政意義上,村民自治作為社會自治是國家與社會的關系在鄉(xiāng)村場域的反映。但是,在法理上可以與國家權力的抗衡的社會自治權在鄉(xiāng)村現(xiàn)實中難以成為一種實然。以二元對立為基礎的早期世紀市民社會理論顯然無法解決中國問題,倒是20世紀的公共領域理論與中國有著某種契合。公共領域的出現(xiàn)標志著西方憲政價值的變動,即不再一味地強調(diào)國家與社會、公域與私域之間的嚴格界分,而是倡導界分基礎上的融合與滲透。這一新憲政價值對于中國的憲政建設而言具有重要的意義。因為它不僅符合中國當下的國家與社會的相處狀態(tài),而且也讓人們再度記起了中國的歷史傳統(tǒng)——鄉(xiāng)紳治理。鄉(xiāng)紳治理在本質(zhì)上反映了國家與社會之間的合作共生關系。對于鄉(xiāng)村共同體而言,鄉(xiāng)紳治理在特定的歷史條件下的確謀求并實現(xiàn)了鄉(xiāng)村社會的自由和自治。如果我們承認鄉(xiāng)村自由和自治是人民主權的精髓,為保護這種民主政治的草根而制約國家權力是憲政的精髓,那么鄉(xiāng)紳治理,通過某種創(chuàng)造性的轉化,就將有可能在新的歷史條件下成為通向憲政的中國范例。如果中國憲政的未來圖景是一幅來自于中國社會變遷自主驅(qū)動且內(nèi)容和形式連貫一致的圖畫,那么通過歷史的方式將有助于這一圖景的構建。正是在這一意義上,我們相信,鄉(xiāng)紳治理既是經(jīng)驗的,又是理論的。
[Abstract]:The purpose of this paper is to discuss how to allocate rural public power in a way that has a profound traditional accumulation and modernized Oriental countries, which can not only guarantee the control of the country to the grass-roots society, but also make the rural autonomy that truly embodies the autonomy of the society. The path of the relationship with state power to seek the solution of the above problems is based on the methodology of combining historical experience and logical analysis of political science. The definition of the core concept is the logical starting point of the study. A structural definition standard, including knowledge, wealth and identity, is given in the context of the same characteristics. The most fundamental is the identity element, that is, after the elements of knowledge and wealth, a person who is initially identified as the gentry must obtain its public identity in social action. Only in this way can it be true. It means that there is a social authority in meaning. This means that the understanding of the gentry is finally implemented in the dynamic government of the gentry. Only from the historical experience study, the gentry governance is undoubtedly the product of the specific historical time and space. The pure historical study of the gentry governance may be limited to the analysis and interpretation of this phenomenon, but it does not predict the future. This does not mean that we can not explore the hidden undercurrent through the historical image. Of course, we must recognize the limits of rationality and wisdom. The adoption of logical analysis methods of law and administration can make us find some universal jurisprudence implied in the governance of the gentry in history. The concept of "gentry governance" in this article comes from the law and administration. Governance theory, which emphasizes the coexistence and partnership of pluralistic subjects, and the spirit of democracy, cooperation and compromise between each other. "Governance" is essentially a reintegration of public power, that is, how to reasonably fit public power between the state and society, and how to be in the country and the society. The effective operation power within the scope and the power cooperation between each other. The gentry governance, that is, through the public activities of the gentry, makes the relationship between the country and the country society in a dynamic balance, not only to meet the needs of the state to control the rural society, but also to contain the excessive absorption of the state power to the countryside, and to protect the interests of the rural community. This is undoubtedly the embodiment of a benign state of social relations in the rural field. In the traditional Chinese politics which pursues autocratic totalitarianism, the key to the effective play of the gentry governance is to deal with the relationship with the state power. Based on this premise, this article examines the sixteenth Century, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world. In the middle of the twentieth Century, the interaction and game relationship between the gentry governance and the state power. Under the traditional national background of the Ming and Qing Dynasties, the gentry governance also existed as the extension of the state power and the defense of the state power, which itself reflected the superposition, coexistence and cooperation of the state and the society. In the political crisis of the late Qing Dynasty, although the gentry had taken place in the situation of overstepping the power of the state, it was still worth the trust and dependence of the state power in general. The combination of the two made the Qing Dynasty temporarily override the internal crisis and usher in a new century. But in twentieth Century, the Qing Dynasty came to a new century. The big change in the upper half of the first half finally broke the coexisting relationship between the gentry governance and the state power. In the process of the modernization of the late Qing Dynasty and the early Republic of China, on the one hand, the state power tried to establish direct control of the rural society and inevitably pressed the traditional squire governance. On the other hand, the "instrumental" rural autonomy was pushed on the national law level. It led to the alienation of the government of the gentry. In the end, in the situation that the country and the rural society were abandoned at the same time, the gentry governance was dying out. The "buffer layer" between the country and the rural society created by the gentry governance did not exist. The state power faced the rural society directly, but it did not construct a modern national citizen relationship. In this Western sense of the nation, the former became unscrupulous, and the latter gradually returned to the bottom line of patience. The subversive revolution was brewed in the countryside and finally broke out. From then on, China went on the path of Almighty politics until the occurrence of villagers' autonomy in the 1980s. Under the western civil society discourse. In the sense of constitutionalism, the autonomy of villagers as a social autonomy is a reflection of the relationship between the state and the society in the rural field. However, the social autonomy, which can be countered with the power of the state in the legal theory, is difficult to be a reality in the rural reality. It is based on the two yuan opposition. The theory of civil society in the century is obviously unable to solve the Chinese problem, but the public domain theory of the twentieth Century has a certain agreement with China. The emergence of the public sphere marks the change of the western constitutional value, that is, the strict boundary between the state and society, the public domain and the private domain, but the integration and infiltration of the advocacy division. This new constitutional value is of great significance to the construction of constitutional government in China. It not only conforms to the state of the country and society at present in China, but also reminds people of the Chinese historical tradition, the gentry governance. The gentry governance reflects the cooperative symbiotic relationship between the state and the society in essence. In the country community, the gentry governance has indeed sought and realized the freedom and autonomy of the rural society under certain historical conditions. If we admit that the freedom and autonomy of the country are the essence of the sovereignty of the people and the essence of the protection of the grassroots of this democratic politics, the state power is the essence of constitutional government, then the gentry is governed by some kind of creativity. If the future picture of Chinese constitutionalism is a picture from the independent drive of Chinese social change and a coherent and consistent form of content and form, it will help the construction of this picture in the way of history. It is in this sense that we are in this sense. It is believed that the government of the gentry is both experience and theory.
【學位授予單位】：南京大學
【學位級別】：博士
【學位授予年份】：2011
【分類號】：C912.82
，
本文編號：2122113
[Abstract]:The purpose of this paper is to discuss how to allocate rural public power in a way that has a profound traditional accumulation and modernized Oriental countries, which can not only guarantee the control of the country to the grass-roots society, but also make the rural autonomy that truly embodies the autonomy of the society. The path of the relationship with state power to seek the solution of the above problems is based on the methodology of combining historical experience and logical analysis of political science. The definition of the core concept is the logical starting point of the study. A structural definition standard, including knowledge, wealth and identity, is given in the context of the same characteristics. The most fundamental is the identity element, that is, after the elements of knowledge and wealth, a person who is initially identified as the gentry must obtain its public identity in social action. Only in this way can it be true. It means that there is a social authority in meaning. This means that the understanding of the gentry is finally implemented in the dynamic government of the gentry. Only from the historical experience study, the gentry governance is undoubtedly the product of the specific historical time and space. The pure historical study of the gentry governance may be limited to the analysis and interpretation of this phenomenon, but it does not predict the future. This does not mean that we can not explore the hidden undercurrent through the historical image. Of course, we must recognize the limits of rationality and wisdom. The adoption of logical analysis methods of law and administration can make us find some universal jurisprudence implied in the governance of the gentry in history. The concept of "gentry governance" in this article comes from the law and administration. Governance theory, which emphasizes the coexistence and partnership of pluralistic subjects, and the spirit of democracy, cooperation and compromise between each other. "Governance" is essentially a reintegration of public power, that is, how to reasonably fit public power between the state and society, and how to be in the country and the society. The effective operation power within the scope and the power cooperation between each other. The gentry governance, that is, through the public activities of the gentry, makes the relationship between the country and the country society in a dynamic balance, not only to meet the needs of the state to control the rural society, but also to contain the excessive absorption of the state power to the countryside, and to protect the interests of the rural community. This is undoubtedly the embodiment of a benign state of social relations in the rural field. In the traditional Chinese politics which pursues autocratic totalitarianism, the key to the effective play of the gentry governance is to deal with the relationship with the state power. Based on this premise, this article examines the sixteenth Century, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world, in the middle of the world. In the middle of the twentieth Century, the interaction and game relationship between the gentry governance and the state power. Under the traditional national background of the Ming and Qing Dynasties, the gentry governance also existed as the extension of the state power and the defense of the state power, which itself reflected the superposition, coexistence and cooperation of the state and the society. In the political crisis of the late Qing Dynasty, although the gentry had taken place in the situation of overstepping the power of the state, it was still worth the trust and dependence of the state power in general. The combination of the two made the Qing Dynasty temporarily override the internal crisis and usher in a new century. But in twentieth Century, the Qing Dynasty came to a new century. The big change in the upper half of the first half finally broke the coexisting relationship between the gentry governance and the state power. In the process of the modernization of the late Qing Dynasty and the early Republic of China, on the one hand, the state power tried to establish direct control of the rural society and inevitably pressed the traditional squire governance. On the other hand, the "instrumental" rural autonomy was pushed on the national law level. It led to the alienation of the government of the gentry. In the end, in the situation that the country and the rural society were abandoned at the same time, the gentry governance was dying out. The "buffer layer" between the country and the rural society created by the gentry governance did not exist. The state power faced the rural society directly, but it did not construct a modern national citizen relationship. In this Western sense of the nation, the former became unscrupulous, and the latter gradually returned to the bottom line of patience. The subversive revolution was brewed in the countryside and finally broke out. From then on, China went on the path of Almighty politics until the occurrence of villagers' autonomy in the 1980s. Under the western civil society discourse. In the sense of constitutionalism, the autonomy of villagers as a social autonomy is a reflection of the relationship between the state and the society in the rural field. However, the social autonomy, which can be countered with the power of the state in the legal theory, is difficult to be a reality in the rural reality. It is based on the two yuan opposition. The theory of civil society in the century is obviously unable to solve the Chinese problem, but the public domain theory of the twentieth Century has a certain agreement with China. The emergence of the public sphere marks the change of the western constitutional value, that is, the strict boundary between the state and society, the public domain and the private domain, but the integration and infiltration of the advocacy division. This new constitutional value is of great significance to the construction of constitutional government in China. It not only conforms to the state of the country and society at present in China, but also reminds people of the Chinese historical tradition, the gentry governance. The gentry governance reflects the cooperative symbiotic relationship between the state and the society in essence. In the country community, the gentry governance has indeed sought and realized the freedom and autonomy of the rural society under certain historical conditions. If we admit that the freedom and autonomy of the country are the essence of the sovereignty of the people and the essence of the protection of the grassroots of this democratic politics, the state power is the essence of constitutional government, then the gentry is governed by some kind of creativity. If the future picture of Chinese constitutionalism is a picture from the independent drive of Chinese social change and a coherent and consistent form of content and form, it will help the construction of this picture in the way of history. It is in this sense that we are in this sense. It is believed that the government of the gentry is both experience and theory.
【學位授予單位】：南京大學
【學位級別】：博士
【學位授予年份】：2011
【分類號】：C912.82
，
本文編號：2122113
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