关键词: 村规民约, 合法性审查, 村民自治, 国家法制统一

Abstract: The practice has shown that a large number of village regulations have various types of legality problems,which not only affect the unity of the national legal system,but also may damage the rights and interests of villagers,so it is necessary to strengthen the legality review of them.The legality review of village regulations mainly includes three modes:the autonomous review mode dominated by the village committee;the auxiliary review mode dominated by grassroots justice;the compulsory review mode dominated by the legislators at all levels and the court.In autonomous review,the village committee should carry out the legality review through the whole process of formulating and implementing village regulations through the village residents legal advisors and “legal experts”.In auxiliary review,the grassroots justice should strengthen the record review of village regulations to further eliminate the legality problem.In compulsory review,the legislators at all levels can make legality review of the village regulations by means of review decision or legislative interpretation.In case judgment,on the one hand,the courts at all levels can directly cite the review decisions or legislative interpretations made by the legislators as the basis for judging the legality of the village regulations;on the other hand,the courts can also conduct direct review or “exclusion of validity” in a relatively implicit way for village regulations which are obviously in conflict with the law.The autonomous review and auxiliary review can correct the legality problems in village regulations by means of “flexible error correction”,which is more conducive to the effective realization of villagers autonomy.But from the actual effect of the review,compulsory review can truly safeguard the unity of national legal system.

Key words: village regulations, legality review, villagers autonomy, the unity of national legal system