基于逐份阅读2008篇裁判文书所得的微观数据，利用SPSS分析村规民约司法审查的样态及运行逻辑。研究发现，在2008篇裁判文书中，法院在13.99%的案件中未审查村规民约。在法院审查村规民约的86.01%的案件中，村规民约的实质内容是法院审查的重点，而村规民约的制定程序不为法院所重视。在审查结果上，绝大多数村规民约未能获得司法的肯定与支持，法院对诉争村规民约予以肯定的案件共449件，占比仅为22.36%。村规民约的司法审查实践之所以呈现出如此样态是显性因素、隐性因素和技术因素共同作用的结果，其中隐性因素中行政之力、社会之力、个体之力的分布状况对个案裁判的影响不亚于显性因素。应当厘清影响法院审查的三类因素，维持三种力量的平衡，发挥司法保障村民自治的积极作用。

Based on the micro data obtained from reading 2008 judicial documents one by one, this paper uses SPSS to analyze the pattern and logic of judicial review of village rules and regulations. The study found that in 2008 cases, 13.99% of the cases were not reviewed by the court. In 86.01% of the cases examined by the court, the essence of the village rules and regulations is the focus of the court's examination, while the formulation procedure of the village rules and regulations is not paid attention to by the court. In terms of the review results, the vast majority of village rules and regulations have not been affirmed and supported by the judiciary, and 449 cases have been affirmed and supported by the courts, accounting for only 22.36%. The reason why the judicial review practice of village rules and regulations shows such a state is the result of the joint action of dominant factors, recessive factors and technical factors. Among the recessive factors, the distribution of administrative power, social power and individual power has no less influence on the case judgment than the dominant factors. We should clarify the three factors affecting the court review, maintain the balance of the three forces, and play a positive role in judicial protection of villagers' autonomy.

D921.12