Research On Rural Governance In The Process Of Rule Of Law In China

The existence of comparative closed and stable rural society in China is out of the farming civilization over two thousand years.China has begun its transitional period since 1840,because of the great impact from the industrilization,modernization,information,urbanization and rule of law to the traditional Chinese rural society,the stability of management to rural society has no longer relyed on a single system of law.Based on the background of current construction of China's rule of law,this paper summaries the rules and the experience to the rural governance faced to the historical changes,and probes into the China's present situation and the plight of rural governance in the process of the rule of law in China.Facing to the social transformation,rural China has evolved into urban and rural China,which leads to the the transformation of rural governance.Because of the various affecting factors to the transformation,the government should probe into the valuable methods of maintaining the rural order according to the development trend of rural governance and through combining with the experience of rural governance at home and abroad.Except for the introduction and conclusion,this paper is composed of six chapters.The first chapter combed the historical evolution of Chinese rural governance from different stages,including the historical evolution of traditional Chinese rural governance,the rural governance and its contemporary significance during the period of the republic of China,the transformation and experience of rural governance after the establishment of People's Republic of China.It focused on the present situation,the difficulties,transformation of and trends of rural governance.The second chapter discusses the status of rural governance in the process of rule of law in China.The situation of rural governance is analyzed from several aspects including the rural governance structure,management subject,management object,management content and so on.The conflicts faced in the rural governance are emphatically analyzed,including(1)differential pattern:the conflict between tradition and modernization;(2)aphasia in the rights:the conflict between power and rights;(3)administrative anomie:the conflict between autonomy and heterodoxy;(4)value lost:the conflict between at home and abroad.The third chapter explores the the developing tendency and transformation of rural governance in the process of rule of in China,which is focused on the following aspects:(1)the system transformation:policy,local rules and law;(2)the politics transformation:the strong administrative power is changed to the weak one("powerful government and less powerful society" is changed to"less powerful government and powerful society");(3)the mode transformation:autonomy,cooperate governance and corporate governance;(4)the environment transformation:acquaintances society to half acquaintances society;(5)the ideal transformation:from administrative management to multiple governance.The trend of rural governance in the process of rule of law in China is mainly summarized as:(1)the trend of pattern institutionalization;(2)the trend of multi-subject;(3)the trend of rule of law.The fourth chapter introduces the experience and enlightenment on outside rural governance and the modes.Many kind of modes including South Korea,Brazil,the United States,EU are selected to compare and research from several aspects such as governance methods,content,structure,body,and so on,which leads to the presentation of the enlightenment according to the different patterns of rural governance.The fifth chapter puts forward and discusses the reconstruction of the rural order in the process of rule of law in China,which focus on that rural governance should pursue value of law and put forward the pursuits from four aspects in order to reconstruct rural order:(1)the rule of law:the parallel process between natural evolution and outside force driving;(2)the rights:the coexistence between rights protection and power restriction;(3)the order:the conflicts and fusion between localization and modernization;(4)the equality:the equality of public rights between city and country.Finally,in conclusion,the author summaries the main content in this paper.There are a few problems remaining to be deepened study.I Put forward that farming civilization's impact on rural governance in the short term will not eliminate;Meanwhile,rural governance under the rule of law and institutional transformation have altered in quietly;In traditional,we will usher in the new rural landscape between the traditional and modern conflict and fusion.