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On Villagers' Self-Government Right In Rural China

Posted on:2010-05-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y W HaoFull Text:PDF
GTID:1116360272999122Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Villagers'self-government in rural China is a necessity of reform and opening-up and economic and social development of the country. It is also an implementation of China's rural administration. It is not only in accordance with the situation of reform and opening up in rural areas but also a promotion of economic and social development of the country in an all-around way. Also, villagers'self-government arouses Chinese farmers'enthusiasm for politics. This is unparalleled in history. Villagers'self-government is not only a political, sociological and historical issue, but also a jurisprudent issue. From a jurisprudent angle, the core of villagers self-government is the self-government right. Villagers'self-government right research will further the practice in implementation of villagers'self-government. A further design and perfection of villagers'self-government system is needed. The following part of the thesis will give a discussion and analysis of the problem from both theory and practice.The goal of the research of this article is as follows. Based on the analysis and demonstration of basic theory of villagers'self-government, the definition and nature of villagers'self-government right is expounded. A distinction is made between right and power. The nature, content and characteristics of villagers'self-government right are demonstrated in order to build a theoretical system which may offer a theoretical support to the practice of villagers'self-government. Analysis and summary are made according to the problems appeared in the implementation of villagers'self-government right. Solutions,countermeasures and further perfections of the system are put forward theoretically and logically so as to promote the practice of villagers'self-government activity and also economic and social development in rural areas in an all-around way.Findings of the thesis are as follows.The thesis is divided into six chapters besides the introductory part and concluding part. The introductory part introduces the subject of the thesis. From a jurisprudent angle, villagers'self-government in rural China and its relevant issues such as, villagers'self-government right and its constitutional system are studied. It may offer a theoretical support to the constitution of villagers'self-government system.Chapter One is about theories of villagers'self-government. Definitions of self-government and villagers'self-government are demonstrated. It leads to the core of villagers'self-government―― villagers'self-government right. This is a theoretical base for further research and study of villagers'self-government. Self-government refers to people's self administration of their own affairs independently without being controlled or influenced by anyone else. Government by oneself and government by others are relative categories. Of all the self-government forms in China, ethnic autonomous regions, special administrative regions, urban community self-government and rural villagers'self-government are significant political systems in China. It is a big event in social economy and culture. Following the land contract policy in rural China, legitimate Villager Committee elected by villager assembly administer village affairs, making rules and regulations for village and villagers pledges, carrying out the state policies and laws,carrying out decisions of villager assemblies so as to exercise democratic rights on behalf of villagers. It is a realization of democracy at the grassroots level. Besides, it is also a social autonomous system and a mode for rule by law in rural areas. Therefore, villagers'self-government is both an important social practice and a social system in rural China. Villagers'self-government right is the core of the system. Villagers exercise their self-government right such as democratic participation, democratic management, democratic decision-making and democratic supervision about their public village affairs under jurisdiction. The right suppresses interference from government administrative power. Villagers'self-government is a law system mode of administration of rule by law in rural areasChapter Two goes further into the nature of villagers'self-government right. The attribute of villagers'self-government right is about its general nature, while essential problem of villagers'self-government right is the one which demonstrates comparatively fundamental core of villagers'self-government. Based on Marxist theory about nature of right and theories of some domestic and foreign scholars, nature of villagers'self-government right boils down to this: it is embodiment of villagers' will, and also a memorandum of rural collective economy. It is a demonstration of villagers'culture, while restrained by it.Chapter Three makes an analysis of the characteristic of villagers'self-government right. Characteristic refers to a quality or feature of something or someone that is typical of them and easy to recognize. The quality or feature is very typical of a particular thing or of someone's character, which helps to distinguish the person or thing from the others and to know the person or thing completely and distinctly. From villagers'self-government right forms, subjects and objects, it has legislative origin, limited domain, direct exercise, complicated and special subjects, single and specific objects. By comparison with state democratic and administrative power, village Party organization's power and civilians'civil right, villagers'self-government right has the following characteristics. It has independence, exclusion of illegal interference from government administrative power, balance, unification, interaction and application of law.Chapter Four illustrates the content of villagers'self-government right. Villagers'self-government right includes villagers'democratic participation, management, decision-making and supervision. It also includes guarantees to protect villagers'self-government right, such as right to know, right to vote and recall. It is a general right collection. At present, the situation at home and abroad has new demand for the content of villagers'self-government right. From the outlook of scientific development in rural areas, the content of villagers'self-government right should be villager oriented, villagers'interests first. In order to construct a new socialist countryside and a harmonious society, it is necessary to strengthen villagers'consciousness of democracy and higher level self government extensively, to implement villagers'self-government right and respect for villagers'creative initiative. Effective policies to deepen reforms in rural areas such as legal land circulation, moderate land management of scale and urbanization need higher level democracy and liberty for farmers in rural areas. It also has a requirement for procedure and justice of villagers'decision making. Under world globalization, western democratic notions, self government notions and relevant systems have a great influence on villagers'self-government in rural China. It lays more emphasis on fair and just treatment to farmers in line with common international practices. With globalization consciousness, well informed farmers today have a higher demand for their self-government right.Chapter Five expounds and analyzes the practical problems in implementation of villagers'self-government right. Causes of these problems are also deeply analyzed. The Organic Law of the Villagers Committees of the People's Republic of China has a distinct prescription about villagers'self-government right: four democracies―― democratic participation, democratic management, democratic decision-making and democratic supervision. This is a logical base of the probe into the present situation of villagers'self-government. Seen from investigation findings and statistics, democratic vote is widely carried out in the countryside. To some extent, democratic management, decision-making, supervision and recall are implemented in different forms, such as villager assembly, villager council, rules and regulation for the village and villagers pledges, transparent management of public village affairs. With the development of villagers'self-government, some new democratic forms arose. In Jilin Province, direct villager election is carried out; While in Guizhou Province, the seal of Villagers Committee is composed of five small parts, holding by different members to ensure a democratic administration. However, there are some problems in the practice of implementation of villagers'self-government, such as formality of the right to vote, difficult implementation of the right to recall, pretentious decision-making, deviation of management, lack of supervision and illegal interference from township administrative power. Causes of these problems lie in villager culture, imperfect systems, overwhelming government administrative power, and bridles to the exercise of villagers'jurisprudent right.Chapter Six is about remedy and guarantees to protect villagers'self-government right. Corresponding approaches and theoretical hypothesis are discussed. Realizing and guaranteeing villagers'self-government right need villagers'legislate right awareness and a corresponding cultural ideas education. Further construction and perfection of constitutional rules, villagers'self-government law, self-government organic law and procedural law are demanded to guarantee the realization of villagers'substantive right. Effective approaches such as encouraging innovation about the integration of urban and rural areas system, eliminating systematic bridles, bringing into better balance of the relationships between Villagers Committee, village Party organization and township government, restructuring of local government administration at various levels and restraining interference of villagers'self-government right from administrative power should be taken to guarantee villagers'self-government right. A systematic, perfect and complete villagers' self-government right remedy mechanism will be built if juridical, administrative remedy, letters and visits from the people, legal aid, etc. can be realized. It will also unblock the way of just claim of facilitating villagers'self-government right. Ideas and arguments of the thesis: the core content of villagers self-government is the self-government right. Right and power are two quite different definitions. The thesis probes into the nature, attributes and content of villagers'self-government right in China. Also, the practical implementation of villagers'self-government right, problems existed in the implementation, remedy and promotion of villagers'self-government right in rural areas are discussed. The thesis goes in depth into the villagers'self-government right while guarantee mechanism and systematic hypothesis are put forward. Ideas and arguments of the thesis are based on Marxist jurisprudent theories, substantial findings of existing researches and also investigative data and statistics.The innovation of this article is as follows.First, in theory, the thesis gives a deep analysis of the definition, nature, characteristic and content of villagers'self-government right and a theoretical system of it is set up.Second, the attribute of villagers'self-government right is expounded and demonstrated. Theoretical confusions and misunderstandings about power and right are clarified.Third, based on Marxist jurisprudent theory, an analysis of the nature of villagers'self-government right is conducted. Especially a deep level exploration of villagers'self-government right from cultural aspect makes the innovation and promotion of the villagers'self-government theoretical research possible.Fourth, a clearer picture of villagers'self-government right is presented after a practical and comprehensive analysis of its present implementation. Confronted with practical problems, we will hold a cautious and rational attitude toward the issue. Fifth, from culture and system perspective, problems of practical implementation of villagers'self-government right and their causes are expounded, which deepens the recognition of problems and also offers a theoretical support for the practice of system perfection.Last, under the present domestic and foreign situation of scientific development, construction of social harmony, deepening reforms of economic structure in rural areas, urbanization and globalization, research and exploration of the new content of villagers'self-government right, new forms of implementation, new problems and challenges will undoubtedly gives the research itself an overall, complete and precedent outlook.The following part is about the values and significance of the research findings. From a jurisprudent domain, the thesis inspects the villagers'self-government right in rural China comprehensively and systematically. It is a bold try in villagers'self-government studies which may offer a foundation for jurisprudent intervention of theoretical and practical problems of villagers'self-government. Also, it may offer other subjects beneficial reference to their villagers'self-government right studies.The theoretical significance of the research findings of the thesis lies in the following aspects. Firstly, villagers'self-government right oriented research focuses on the research of Chinese issues――farmers'issues. It on one hand broadens the horizon of research and on the other hand grasps the core of farmers'issues―― right issue. Secondly, it provides villagers'self-government study with theoretical jurisprudent base and offers a foundation for jurisprudent intervention of theoretical and practical problems of villagers'self-government which is a promotion to the villagers'self-government theoretical and jurisprudent research. What's more, based on Marxist jurisprudent theory, a complete theoretical analysis is conducted about villagers'self-government. It will be a great propulsion and theoretical support to villagers'self-government theoretical research and enlarges the scope and content of villagers'self-government study. The practical significance of the thesis lies in a better grasp of the essence and present implementation situation of villagers'self-government according to substantial data and investigative statistics. Rational analysis of the present problems is conducted and corresponding countermeasures and preliminary plans are put forward.All these effective measures will help to better practise democracy at the grassroots level, guaranteeing the realization of villagers'self-government right, facilitating the construction of economic and social development in an all-around way and a new socialist countryside in rural China.
Keywords/Search Tags:self-government, villagers'self-government right, democracy at grassroots level, villagers'culture, construction of system, remedy mechanism
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