A Study On "Administration Going To The Countryside" And Legal Administration

At the end of 19th century and early 20th century China started the transformation from a traditional state to modern state under the dual pressure of internal and external problems. The constructing of modern China, to a large extent, is displayed by the process of "Administration Going to the Countryside". In regard of the analysis of content, "Administration Going to the Countryside" is the expanding or extending of the state administrative organization system to the rural society on one hand; On the other hand, it is also the penetrating and expanding of the administrative operating mechanism to the rural society. Since 1949, the success of constructing of modern China is not only for the Communist Party of China's establishment of a broad coverage of the rural administrative network system through various methods, but also for the factor that thestate administrative operating mechanism is embedded in the rural society, which brings thegovernance of rural society into the state political and administrative operating system. Take the third plenum of the 11th Communist Party of China, December, 1978, as a symbol, the modernization of China has entered a new historical period. In the macro-background of reform and opening , the rural administrative organization system and operating mechanism are undergoing a kind of profound change, which has a great and far-reaching impact on the State,countryside and peasants. This paper aims to make a macro-observation and macro-review on "Administration Going to the Countryside" of the new China from two aspects : the administrative system, the administrative mechanisms, and tries to comprehensively , objectively reflect the historical process of changes of "Administration Going to the Countryside", and reveals the future direction and trend of rural administration development.The whole paper contains three parts. They are prologue, main body, and epilogue. And chapter one to five makes the main part of this paper.The prologue mainly explains the reasons for choosing this topic and the significance of researching; it also briefly explains and analyses the current research status of the topics; on this base, it clarifies the aim, method and structure of the study.Chapter one observes and analyses the formation and evolution of the administrative organization system in the rural grass roots of the new China. According to the historical periods or stages divided by scholars on the power building in the rural grass roots of the new china, the author specifically and deeply observes and analyses the construction of rural administrative network in the early days of PRC, the system of "political and social integration" of the People's Commune period and the administrative system under the pattern of "Countryside politics and village governs" respectively, which is according to the historical order.In chapter two, this paper analyzes the rural administrative operation mechanism before the reform and opening in 1978. The author holds the view that, the basic characteristic of the rural administrative operation before the reform and opening, is under the control of politics directly, and the administrative operation mechanism demonstrates specifically as political mobilization, administrative tasks, and compulsory orders. The combination of the politics-dominant-administration operating mechanism and the high-concentrated rural administrative system effectively ensures the state to control the rural society and to draw resources from countryside. At the same time, it also accumulates a lot of contradictions and many hidden dangers.Chapter three analyzes the difficulties which the operation mechanism of politics- dominant-administration faces under the conditions of the reform and opening. To sum up, the author points out that China's rural political and economic systems began to experience profound changes after the late 1970s, political and economic system with the main characteristics of market-based and democratization gradually replaced the highly centralized political and economic system of political and economic integration. The Changes in political and economic systems gradually drives the traditional administrative mechanism, whose basic characteristic is "politics-dominant-e conomics" and the main methods or means are mobilization, tasks and orders, into trouble. This prompts the transformation of the rural administration legalization.Chapter 4 is the analysis on the construction of a legal administrative operating mechanism. The author thinks that, since the reform and opening in 1978, in the condition of traditional rural administrative mechanism is gradually falling into a difficult position, the state and the Communist Party have started to bring democracy and nomocracy into the rural society, in order to continue the effective integration and domination of the state to the rural society. When the state and the Communist Party expand the peasants' rights based on the principle of democracy, they also reform and rebuild the operation mechanism of rural administrative power according to the spirit and principle of democracy and nomocracy, in order to realize the transformation of rural administrative mechanism from political control to legal regulation. Broadly speaking, the construction of legal administration mechanism mainly consists of establishing the principle of administration according to the law, fostering the notion of "legal administration", making the operation rules of administration and intensifying the supervision of administrative legal institutions, and so on.Chapter 5 is the observation and analysis on the operating condition in practice in rural areas of the legal administrative operation mechanism. From the practical angle the author believes the operation process and methods of rural administration have had and are continuing to have an obvious and profound change since the adoption of reform and opening policy. This change can be thought as the response of the rural administrative subject to the state construction of above-mentioned legal administrative operation mechanism, to some extent, therefore, the rough direction and developing tendency of legal reform of rural administrative mechanism are decided. In this chapter, the author adopts tremendous empirical materials to explain that the rural administrative operation is transforming from "political control" to "legal regulation" firstly. Then, the author analyzes some deep contradictions which restrict and affect this administrative transformation, and the author offers the advice to overcome these contradictions.To reach the conclusion, the author organizes, inducts and summarizes his viewpoints which distribute in the paper, and he further explains the main conclusion from six aspects respectively.