To Explore The Genuine Meaning Of Villages’ Autonomy-Under Constitutional Context

The practice of villagers’ autonomy is not only the demonstration of transformation process of governance in country, but also a vivid illustration for constitutionalization process emerging as modernization, which makes it a category more than merely instrumental. As in constitutionalization process, it has transcended utilitarianism and submitted its destination in more substantially ethnic value, which is completed in the process towards constitutionalization.In view of correcting utilitarianism, this paper aims to clarify the connotation of autonomy under the context of constitutionalization, and explore the meaning of villagers’ autonomy in a general sight; so that it would provide a more specific understanding for this institution, and set the ground to enhance the practice.The dissertation consists of six parts.ChapterⅠtries to define a clear sphere of subjects for the institution. There are two different ways to confine jurisdiction of one institution in current China: residence registration for Chinese citizens as one family, and administrative divisions. It is called "villagers’ autonomy", while it is based on every villager’s rights as an individual. However, "villagers" is universally understood as one collective subject under the context of the registration institution. There is always being a vague boundary between "villager resided in village" and "villager registered in village", which resulted in conflicts between the two jurisdiction ways. It is a category both holding membership and administrative standards. Hence, community would be a better dimensionality for future development of the institution. Meanwhile, community is the first step to reform the registration institution.ChapterⅡreflects the status of economic development, and discusses the possibility to enhance the ranking of political evolution in the practice. Autonomy is neither a one-way, technique nor horizontal governance mechanism, it contains two vertical dimensions:firstly as guidance to purposive value; then as one governance mechanism for specific decisions and their implementation. As a comprehensive institution for autonomy, villagers’ autonomy demands a special relation established between villagers and those who are elected as delegates rather than the self-rule process run by a collective subject. So it requires the recognition for purposive value in participation of every villager, which determines the regulating objects and their evaluating rankings more than technique arrangements.In ChapterⅢwe would focus on the elite issue appearing in election, which contains a potential controversial political logic against the spirit of autonomy. As the start to autonomy, election is analyzed in two ways:one is known as externalism which lies on the research on the formality or procedure of the election, including quantitative analysis on the concerning infrastructure, the extent of participation or political influence among villagers. The other is substantial inquiry, which based on empirical conclusion as the delegates’ personality and evaluation of their performance. Either way has their own defects, it is necessary to combine the two to establish an integrative institution for election.In ChapterⅣwe try to design a reform plan for mechanism in decision-making and supervision. It is now designed on the premise of institutionalization, while ignoring un-institutional measures would acquire relatively advantage in some circumstances. It is tried to establish an integrated and united institution throughout the nation, and hoping to standardize the organic and procedural mode for villagers’ autonomy. However, the logic of institutionalization is not completely available in realistic terms. It is unbalanced and variable situations in different villages, the specific relationship between the official text in writing and the subjects in living would be left in an oblivious field. Deliberative democracy requires universally conversation spread through classes through the whole society and is sustained in a continuous process, which makes indirect democracy exceed the direct one in some way, and so that un-institutional method distinguishes itself a unique way to the realization of autonomy.ChapterⅤdiscusses some improvement could be made in supervise phase. On reviewing the institution’s history, it is fixed-term appointment system that should not be ignored as a key to possible improvement. ChapterⅥcenters on how to construct a dialectical unity on the foundation of the autonomy rights and administrative governance power. When it comes to the normative sources of local governments and customary pacts of villages, the configuration of incentive resources and a communicative way to carry out legal orders would be a better way to acquire the harmonious co-existence of autonomy and well-governance.