软硬混治:凉山彝区高价彩礼的治理模式  

Hard and Soft Governance:Governance Mode ofH igh-Priced Betrothal Gifts in the Liangshan Yi Area

作　　者：何真[1] He Zhen(School of Law,Southwest Minzu University,Chengdu,610041,Sichuan,China)

机构地区：[1]西南民族大学法学院,四川成都610041

出　　处：《民族学刊》2022年第3期75-83,146,共10页Journal of Ethnology

基　　金：国家社会科学基金项目“新时代大小凉山集中连片特困地区稳定脱贫的实践困境与法治对策研究”(18XMZ067)阶段性成果。

摘　　要：近年来凉山彝区出现彩礼上涨并异化的现象,引发诸多社会问题,是当地移风易俗工作的硬骨头。法律多元主义下国家法、习惯法、党规三者建立了以“硬法”为基础、“软法”为维度、“坚硬的软法”为导向的“软硬混治”的高价彩礼治理模式。该模式的有效运行取决于社会治理共同体的建构实践,从而实现对高价彩礼的“会通治理”。This article focuses on the phenomenon of expensive betrothal gifts in the Liangshan Yi area;findings show that many consider this to be a social evil,puzzling even,arguably poisoning people’s happiness,family stability,and social stability. Moreover,local work of transforming social traditions seems to be difficult. In recent years,the region has launched the governance action of“high-priced betrothal gifts”,forming a high-priced betrothal gifts governance mode, which has the characteristics of hybrid governance,applying both a hard and soft approach. Findings indicate this mode relies on the cooperation and interaction of national law,customary law,and party rules. National law constitutes the first level rules of this mode,which has the nature of “hard law” and delimits the boundary between legality and illegality.Customary law makes up the second level rules of this mode,which has the traits of “ soft law” and delimits the boundaries between reasonable and unreasonable. Party rules comprise the third level rules of the method, with the characteristics of“ hard-soft law ”, setting the boundary between compliance and non-compliance. Under legal pluralism, state law, customary law, and party rules have established a high-priced betrothal gifts governance mode based on “hard law” as the foundation,“soft law” as the dimension,and “ hard-soft law” as the guiding principle.Field research has shown that the hard and soft governance mode, targeting high-priced betrothal gifts in the Liangshan Yi district,looks to be a combination of several measures;all of these have been implemented to achieve practical results,responding to people’s requests for intervention when facing a series of social problems caused by high-priced betrothal gifts under legal pluralism. The governance mode also considers the diversity of lifestyles,values,and interests in the Liangshan Yi area under a dual variation of tradition and modernity. The mode also integrates a complex combination of standardization and f

关 键 词：高价彩礼 法律多元主义 软硬混治 会通治理 

分 类 号：C957[社会学—民族学]