清末乡村自治立法的百年回顾与启迪

清代末年的变法修律过程中,曾历经数年制定了数部乡村自治立法,主要包括《城镇乡地方自治章程》和《城镇乡地方自治选举章程》等,开启了中国乡村自治立法的历史先河.这些法律规定了乡村自治的区域、居民及其选举资格、组织机构及其职权、选举、经费保障、监督与救济等内容,基本确立了乡村地方自治的主要制度.清末乡村地方自治立法虽难免其局限性,但在立法模式、立法规划、立法内容和立法技术方面有不少做法值得肯定.

Century Review and Inspiration of Village Self-government Legislation in the Late Qing Dynasty

During the Amendments to the Law Reform in the late Qing Dynasty, there had been developed a number of village self - government legislations, including the Local Vil- lage Self - government Constitution and Urban Village Charter Local Elections, etc, which opened the first of its kind in the history of China＇ s rural self - government ｜egislation prec- edent. The laws had provided for village self - government of the region, residents and eligi- ble to vote, the organization and its terms, elections, financial security, monitoring and relief, and had established the main system of rural local self - government. Although their limitations were inevitable, there were a lot of practice worthy of recognition in the legisla- tion model, legislative planning, legislation contents and legislative technique about the Qing＇ s rural local self - government legislation.