| That adheres to the path of socialism with Chinese characteristics, building a political democratic system is the steadfast goal of the Chinese Communist Party. One of our main goals is to achieve socialism democracy and political civilization. The construction of political civilization with Chinese characteristics is a systematic project. The central element is to accelerate the institutionalization, standardization and procedural of socialism democratic politics, so as to expand citizens, orderly political participation and achieve nomacracy in all national affairs. So we must uphold the Party's leadership, the organic unity of people's mastership and running the country in accordance with the rule of law. Ensuring the people's mastership, enhancing the vitality of the party and the country, with the target of improving the enthusiasm of the masses, the socialism democracy is being expanded and socialism country ruled by is gradually built as well as a comprehensive socialism political civilization is developed. It requires attention to the establishment of a sound democratic system at all levels, and ensuring the achievement of "Four Democracies", that is, democratic election, democratic decision-making, democratic management and democratic supervision. So the important role of nomocrcy in the state governance and social management has been exerted and the people's rights and freedoms have been ensured. In this background, the rural democratic management system is not an important form of political participation for farmers, but also an important theoretical and practical problem that rural democratic political development has to face. What's more, it is also a theoretical and practical issue in the practice of nomocracy in the process of building law-led countries. With the guide of Marxist thesis in political science and law basic principles of Marxism, from the social reality of contemporary Chinese grass-roots democratic development, and through a variety of research methods like standardized analysis, historical analysis, document analysis, comparative analysis and interdisciplinary method, etc, the paper made a systematic and overall study about legal analysis and legal guaranty by placing rural democracy political management into the perceptive of modern law-led state construction with Chinese characteristics.To build a socialism country ruled by law in China, two models exist:top-down government promotion model and bottom- up social evolution model. The main feature of the first one is the important role of government leadership, i.e. government is the major promoter in the nomocracy construction. Nomocracy is done mainly dependant on the local political resources controlled by government in accordance with the government's aim. Whereas, the social-evolution type refers that the nomocracy is breed and developed in natural civil social life that corresponds with the government and a natural result that comes from social nomocracy. Two models have their own characteristics, the former considered that building a country run by the rule of law is a rational order construction is not rational since the lack of nomocracy tradition in China. Its supporters advocated that the nomocracy construction has been promoted through drawing lessons from ideal system and relying on the government's coercive power, and they excluded the positive effect of social traditional resources. The latter believed that the nomacracy order construction is not rational but a germinal one. And its realization based on institutional change in social tradition, instead of the ideal system reference and government's strong push.This paper argues that the two models both have advantages and disadvantages, and should do a dialectical analysis and treat them objectively. The government-push model emphasized the nomocracy construction is a government's duty and responsibility that is resorted to the state power, and paid no attention to the role of civil society and traditional Chinese culture. Choosing this model only will inevitably lead to conflicts' and frictions between national rule of law and civil society autonomy, and increase some difficulty and inefficiency in the process. Social-evolution model attached too much emphasis on spontaneity and naturalness of nomocracy, and contempt at role of the state and institution. Based solely on this model, the process of building a socialism country ruled by law is bound to be difficult and lengthy. In his regard, how to deal with it? This paper argues that, considering the actual difficulties and problems faced by China, much importance should be given to the model-chosen diversification. It is not so good to take simplified model only. Combined with the actual situation of China's legal construction, fully considered Chinese traditional development and national power, the association of the coordination of the two models is in line with Chinese current conditions. Through the diversity and the linkage of model and take advantage of initiative of country and people, the constructive process of nomocracy is jointly performed.Thus, the Rural Legal Analysis of democratic management systems in this bottom-up type of social evolution mode has very important theoretical value and profound practical significance. Based on the principles of Marxism law, from the perspective of legal analysis, the systematic analysis for the rural democratic management system concepts, values, germinal condition and the plight of nomocracy operation is not only in response to the current academic theorists and practitioners' continuing focus on this issue and the deepening effort for the research, but also is the logical starting and prerequisite to the article. The paper studied on democratic management system in rural areas, and analyzed the other related concept. On the basis of a comprehensive deconstruction of the concept, the in-depth analysis for the values of rural democratic management system has been done. The paper considers the value of the rural democratic management system mainly shown in the autonomy, institution, and governance of grassroots democracy, as well as the pattern of farmers'activities which is the valuable basis for studying the related theoretical and practical issues of rural democratic management. Meanwhile, the rural social democratic management system has its germinal basis in political, cultural and ethical aspects in the development of social-evolution. Due to the ambiguity of the national existing laws and regulations related to rural relation, some restrictions and difficulties are posed in the development and operation of rural democratic management system on track. There are some reasons that caused the plight of running rural democratic management system. Through its contradictions and conflicts with rational arrangement system from top-down government-led model, from the perspective of jurisprudence, it mainly reflected in following aspects:the social versus national integration, autonomy rights versus administrative rights, and right checks versus power balance.By Legal Analysis of rural democratic management in bottom-up social-evolution model, it is found necessary to strengthen the legal guarantee of rural democratic management system in top-down government-led model. It is significant for rural democratic management system to realize its promotional function in accordance to collaboration of social-evolution model and government-led model. Under the leadership of government, the law guarantee of rural democratic management system is a systematic project, which should be constructed from both macro and micro ways. From a macro perspective, we believe that, to ensure the legal guarantee in rural democratic management system must first build a dynamic mechanism that is consist of some dynamic mechanism elements. Then we should explicit people-oriented principle, the right-protection principles and the equilibrium principle, the principle of democratic participation and social-serving principle which composed of the fundamental principle of law guarantee in rural democratic management. In micro-perspective of law guarantee of management strategy, we think we should follow the general rules by which the system is implemented and protected. The main focus should be on legislation, law enforcement and judicial security, etc., so as to effectively solve difficulties and problems in the process of building rural democratic management. Thus construct a more comprehensive and complete legal framework for the law-protection of the rural democratic management system. This article is based on the academic research on rural democratic management. With the modern nation-building vision, the paper tries to do comprehensive and systematical Legal Analysis of rural democratic management in social-evolution model and probes into legal guarantee in government-led model which in not only an important area of political science research, but also a main part of research related to disciplines of law, history and sociology. The focus of this paper is how to make democratic management system build a harmonious interaction between nation and rural area in the process of socialism construction with Chinese characteristics. The author tries to provide some intelligent basis for constructing grassroots democratic politics and a nation ruled by law with Chinese own characteristics. In theory, the paper has some exploration and innovation.It further improves and deepens the theoretical research on rural democratic management system, and expands the study realm on the implement legal guarantee of rural democratic management system. Moreover, the paper provides a basic universal idea that can be referred and measured for the reformation of promoting rural democratic management in the process of constructing a comprehensive and coordinated grassroots democracy with Chinese characteristics. Admittedly, confined to the limitation of expertise and academic level, some issues may be not so adequate which will be discussed in the further research. |
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