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National Governance System In The Rural Rules And Regulations

Posted on:2016-05-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:F QiFull Text:PDF
GTID:1106330461968597Subject:Legal theory
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The blood of excellent traditions and cultures is flowing in the regulations of the rural areas and people and it’s a deep traditional accumulation of culture. During the transformation of history, the role of the regulations of the rural areas and people, to a great extent, is being replaced by the state law, but this does not mean the end of the regulations of the rural areas and people. By analysing the historical evolution of in the regulations of the rural areas and people, it could be found out that the regulations are hidden behind the game of interests between the state and the country. Both the stress of the will of the state and the respect of villager autonomy are just partial interpretation of the regulations of the rural areas and people. By studying the experiences and lessons of the contemporary development of the regulations of the rural areas and people, the regulations are not completely independent of the state as the "soft law", on the contrary, it is an important tool in the national governance system. With the proposal of modernization of national governance, the importance of realizing good governance needing multiple and comprehensive applications is rising, and the government should rely more on the mixed governance of both the soft and hard laws. As one form of “soft law” governance tools, the regulations of the rural areas and people serve the purpose of protecting the interests of the village community, using reasons to move people and applying legal laws to convincing people. Under the timely and proper guidance and help of the state and the, the regulations relying on their own advantage of soft governance can effectively bridge the inherent tension between modern laws of democracy and the traditional ethical and moral conceptions, and they also carry positive meanings for maintaining rural stability, promoting the democracy and the law, carrying forward the traditional culture, promoting the villager autonomy. Under the governance of the state, the regulations of the rural areas and people are not only reflecting the action logic of villagers’ autonomy, but also showing the appeal of the rural social modernization under the domination of the state. That is to say, the regulations of the rural areas and people embody the interaction of the governance of soft law and the citizen participation, and are a kind of management mode formed in a flexible fusion of tradition and on the basis of democracy and the rule of law.Using the contemporary regulations of the rural areas and people as the research object, with the help of multi-disciplinary theories and analysis methods from history, culture, law and political science, from the perspective of good governance role, this paper studies the regulations in national administration and the future of their development. This paper consists of five chapters, starting by exploring the basic conception of the rural regulations under the governance of the state and describing the basic profile of the rural regulations. Based on the study of the history and the current foundation of the rural regulations, it sums up the experiences and lessons of the rural regulations. In the theoretical framework of governance of state modernization, state power, social organizations and village communities collaborating together could effectively eliminate the contradiction between the state administration and society autonomy, and effectively solves the problem of who is to be governed. At the same time, the mixed governance of soft law and hard law could effectively resolve the conflict between the village rules and national law, providing a set of efficient systems of tools for good governance in rural areas, effectively solving the problems of governance.Specifically, on the basis of semantic analysis of the regulations of the rural areas and people, the first chapter considers that the rural regulations are the standard of the soft law, with democracy and the rule of law as the bottom line, with the state power and social power as the driving force, with the participation of villagers as the main power, integrating the use of public opinion, criticism and education in multiple ways, constantly internalising the law into regulations which community members generally agree and obey. Furthermore, this paper analyses in detail the basis and function of the regulations of the rural areas and people, and they are maintaining the stability of rural areas as the continuation of cultural traditions, the promotion of the autonomy of villagers, and the construction of rule of law and other aspects of the advantages. In addition, based on the study of the historical development of the traditional rural regulations, it could be found that the effectiveness of the regulations of the rural areas and people depending on the support of economic, political, and cultural conditions. When excessively emphasising on one aspect and ignore the other factors, the effects of the rural regulations could decrease greatly.Based on the study of the current situation and the development of contemporary rural regulations, the second chapter summarizes the experience and lessons of them. On the one hand, "Fengqiao experience", "Zhangqiu experience”, “Xi’an experience ", and " Dengfeng experience " are all important lessons we learnt about the multi-subject cooperative governance model which places “Leading by the Party, leading by th e government, participating by the society, and citizen Autonomy " at its core. On the other hand, based on the study of judicial cases of the rural regulations of judicial case, it appears that the rural regulations are facing multiple crisis considering their authenticity, legitimacy and effectiveness. The problems surrounding the rural regulations reflect the pain of the transformation experience of rural orders in change: the backward rural economic development, the malfunction of villager organizations, the lack of civic awareness, the lag in rural construction, the loss of power of law in state, and the lack of social participation are all crucial factors restricting the realization of the goal of achieving the good governance in rural areas. The traditional mode of state control needs to be broken, and we should promote the harmonious coexistence between the state administration and social autonomy in the new governance mode.The third chapter seeks the development path for soft governance by local regulations from the perspective of sate governance. In this regard, comes the theory of modernization of sate governance. For one thing, attaching importance to both the prominent role of sate authority and the function of social autonomy, sate governance has provided the most effective platform for positive interactions between the two sides. For another, in terms of the history, goals and essence of the rule of law, the sate law and soft regulations share the intrinsic philosophy of good governance. Besides, the respective features of soft regulations and sate laws determine that the rule of law shall be realized by coordination and interactions between the two systems. Therefore, state governance theory has charted a new course for soft regulation governance by incorporate multiple participants and enhancing joint governance of multiple regulations.The fourth chapter of governance from the perspective of a specific body position and clarify pluralistic governance arrangements in rural people about soft law governance. First, the state power level, the national authority overall planning, coordination between various departments to form a highly efficient and stable linkage mechanism. This requires strengthening grass-roots party leadership authority, establish and improve grassroots organizations, to improve the party’s policies; adhere to scientific and democratic legislation to improve the "Village Committee Organization Law" and other relevant laws and regulations; clarify the villagers’ autonomy and competence of government, strengthen government human villager autonomy support, financial strength, as well as oversight of the rural people filing covenant; constantly improve rural people about the use of the principle of judicial application, the scope of judicial review and judicial oversight applicable; secondly, social power level, mobilizing public education, media involved in communication, charitable organizations and other social organizations of enthusiasm and inspire the creativity of social organization. Again, the level of the village community, cultivating modern citizenship, strengthen the sense of community collaboration villagers cohabitation as a link to the benefits of cooperation. Villagers in the establishment of a sound system of organization and operation, while the rural elite and the majority of the villagers are encouraged to actively participate in rural governance.The fifth chapter is the initial idea for the future rural people about the system design. Under the governance framework, local rules or regulations which fully reflects the combination of government management, social participation and villagers’ autonomy, relying on incentive motivation, moral evaluation and mutual assistance, etc. for flexible management. From the rural people about the development, the need for clear village meetings are rural people about the only statutory body, while effectively coordinate and solve the villagers eligibility; constantly improve the rural people about the development process, to protect the rights of the villagers’ autonomy normally have exercise program; socialist core values as the guiding principle, to promote the development of rural people about the direction of democracy and rule of law. From the implementation of local rules or regulations in terms of an effective system of incentives designed to benefit people choose to guide behavior, which means you can use the "prize, punishing" word to summarize. Only a clear resolve to implement the key issues subject, scope, incentives and other local rules or regulations in order to truly be effectively implemented.As stated in the conclusion chapter, the modernizing of state governance guides the development of local regulations: on the side, the cooperation among multiple parties in the governance strongly motivates applicability of local regulations and soft law; on the other side, the hybrid of soft and hard law in the governance clearly provides the political rationale of local regulations and soft law. Therefore, from the perspective of modern state governance, it is necessary and meaningful to apply the local regulations and soft law to sophisticate rural governance, especially in the current days that social society is in a prosperous development.
Keywords/Search Tags:State Governance, Soft Law, Local Regulations, Sophisticated Rural Governance
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