On Rural Social Governance Based On Law In China

Modernization of state governance and fully advancing the law-based governance of the country are major strategic target proposed by Communist Party of China in process of Reform and Opening-up in the new era.The rule of law is one of important standard to measure the degree of modernization of state governance.In the Fourth Plenary Session of the 18 th Congress of the Communist Party of China,the Communist Party of China proposed to fully advance the law-based governance of the country and grass-roots,and emphasized the law-based grass-roots governance is the basics and key work.Rural governance based on the rule of law lags behind that in the urban area.Hundreds of millions of people will still live their lives in the rural is a basic national condition,although socialism with Chinese characteristics has entered a“new era”.If rural governance can not achieve legalization,it is impossible to realize modernization of governance in rural.Modernization of governance in rural is an important component of modernization of state governance and therefore the law-based rural governance is both important content and the most hard part to realize of modernization of state governance.The change of the relationship between urban and rural development is one of typical characteristics of socialism with Chinese characteristics in the new era.Modernization and law-based governance are advanced in the background of the relationship between urban and rural has been changed that it is heading for urban-rural integration.On the one hand urban-rural integration is gradually advanced during the implementing of modern and law-based governance,on the other hand the law-based governance in rural is improved in the process of enforcing policy measures of urban-rural integration.Modernization of state governance,rule of law and the policy measures for rural social development are theoretical basis of law-based governance in rural,witch are closely interconnected.Modernization of state governance is the objective and governance law-based are both the only way which must be passed and the important contents of modernization of state governance.Since the Reform and Opening-up,the basic governing model in rural is“township-governance and villager self-governance”,during the working of which the agricultural and rural policies in different period are carried out.Various legal governance activities were conducted in the rural society in the mechanism of“Township-governance and villager self-governance” before the 18 th National Congress of the CPC.In the new era during which modernization of state governance and law-based governance of the country are being promoted,the“Township-governance and villager self-governance” encounter new obstacles.The19 th National Congress of the CPC and the strategy of rural vitalization have charted institutional framework for rural social governance which is suitable for the current rural social development.Multiple subjects of rural social governance based on law perform governance activities according to diversified regulations in the institutional system of modern governance and law governance theory.The rural social governance based on law which is leaded by grass-roots party organizations,assumed liabilities by township governments,and emphasizes villager autonomy and encourages partaking of social organizations highly corresponds to the implementation of the rural revitalization strategy in the background of rural social structure having been greatly changed.The mechanism of governance based on law requires governance bodies to perfect themselves based on law which consist of building law-oriented grass-roots party organizations,township governments,villagers' autonomous organizations and so on.The legal system of rural social governance based on law is constituted with multilevel and diversified regulations,which is decided by the complexity and diversity of rural society and the diversification of governance bodies.National rules are the highest-ranking regulations in the rule system,and administrative regulations are on higher rank.Departmental and local regulations are important rules of rural social governance based on law that make national rules more specific and locality.Normative documents formulated by national Legislature and CCP are play a critical role in the rural social governance,especial in the legislative blank fields.The customary law and the village regulations in rural society are indispensable traditional rules of adjustment of rural social relations.Multilevel and diversified rule system needs to be further improvedfor its defects.By promoting the consciousness of law,multiple governance subjects conduct governance activities within the legal system.The bodies each wield rural social governance power and rights,including ruling by law of grass-roots party organizations',administration according to law of township government,autonomy according to law of villagers' autonomous organization and so on.The improvement of rural legal public service system is also the substance and form of rural social governance based on law.