乡土社会礼与法的现代转型——以《秋菊打官司》为切入点

The Modern Transformation of Ritual and Law in Rural Society—Taking The Story of Qiu Ju as the Entry Point

摘要: 本文以电影《秋菊打官司》这部电影为切入点，《秋菊打官司》表现出的是乡土社会中法治观念的萌芽，但法治的萌芽最终并未破土而出，而是遭遇了困惑和质疑，由此也可看出礼治秩序在乡土社会的根深蒂固。社会转型过程中礼法冲突的形成与国内法治化进程的“政府推进型”特点有关，在“政府推进型”法治建构过程中，礼治的存在不仅有益，而且必要，应把两者有机结合，这是推动法治现代化的发展方向。本文通过解读影片中情节与人物行为背后的礼法文化冲突，探讨乡土社会传统礼法与现代法治的碰撞、交融及变迁，揭示其对乡土社会秩序、人际关系和公众观念的影响，剖析中国乡土社会礼法文化在现代化进程中的转型。

Abstract: This paper takes the film The Story of Qiu Ju as a starting point. The Story of Qiu Ju portrays the budding concept of rule of law in rural society, but the sprout of rule of law ultimately fails to break through the soil, instead encountering confusion and skepticism. This also reveals the deep-rooted nature of ritual governance in rural society. The formation of conflicts between ritual and law during social transformation is related to the “government-driven” characteristics of the domestic legal process. In the construction of “government-driven” rule of law, the existence of ritual governance is not only beneficial but also necessary, and the two should be organically combined. This is the direction for promoting the modernization of rule of law. By interpreting the cultural conflicts between ritual and law behind the plot and character behaviors in the film, this paper explores the collision, integration, and transformation of traditional rural ritual and law with modern rule of law, reveals their impact on rural social order, interpersonal relationships, and public perceptions, and analyzes the transformation of China’s rural ritual and law culture in the process of modernization.