Research On The Village Regulations And Folk Conventions Under The Background Of State Governance Modernization

Modernizing the national governance system and capabilities,is the important strategy of the party and the government governing the country in the new period.The difficulty to realize the modernization of national governance is in the rural area,and the key lies in the system.Focusing on the topic,this dissertation applies the methods of literature analysis,historical research,empirical investigation and case analysis to study four aspects:Firstly,it is value analysis of the Village Regulations and Folk Conventions(VRFC)under the macroscopic background of the national governance modernization,in order to explore why to promote VRFC construction;Secondly,it is mechanism deconstruction of VRFC from the idea of national governance modernization,and what should the modern VRFC be?Thirdly,it is realistic investigation on VRFC from theperspective of national governance modernization,and how is historical situation and status quo of VRFC;Lastly,it is to study how to do modern VRFC construction in the practical process of the modernization of national governance.Advocating the times value of VRFC in the modernization of state governance has a profound theoretical basis,coping with historical development and contemporary rural reality.In theoretical logic,the theory of relationship between state and society explains the necessity of the construction of the society ruled by law.VRFC is the key to constructthe multiple social norm system,can effectively make up for the lack of "The Law to the Countryside",and help to explore the localization of rule of Law.In historical logic,it is an important carrier of the governance resources folk custom law,the continuation of the excellent traditional values,and the practice text of folk moral culture.In realistic logic,it is guarantee of villager autonomy,through continuous institutionalization of grass-roots governance practical experience,to enhance the rural governance ability and to realize the modernization transformation of rural governance style.It works on the integration of top-level rural reform design and grassroots democracy desire,promotes join and interaction of the authority theory and the village practice,provides institutional guarantee for coordinated advance of Four Comprehensive Construction.What is and what should be the internal mechanism of modern VRFC?According to the ideas,such as diversity,interaction,coordination and integration of the national governance modernization,this dissertation makes a constructive exposition about the internal mechanism of VRFC,in order to provide specification guidance for VRFC development.Specifically,the modern VRFC contains four main origins,such as the traditional folk habits of the diachronic recognition,the moral standards of the ethnic advocacy and practice,the implementing rules of the national laws and the consultation agreements of the villagers.Autonomous power,villagers’ rights and villagers’obligations are three core elements.Endogenous and exogenous ways are its binary channels of formation.Its essential attribute is the practical social agreement,which is characterized by a compound community agreement.Could historical situation and status quo of VRFC fit the demands of the national governance modernization?Traditional VRFC formed spontaneously in the acquaintance Society.Nowadays,the social ethics basis which traditional VRFC rooted in eliminates gradually.Traditional governance culture of VRFC can be inherited and improved in respects of leading force,core content and implementation way.The modern VRFC is associated with villager autonomy practice after reform and opening-up.Unfortunately,some problems exist in current VRFC,such as lack of the traditional connotation,widespread illegal content,nonstandard operating procedures,absence of external supervision,lack of effectiveness.The causes of these problems are superimposed impact of marketization,urbanization,industrialization and informatization on agriculture,rural areas and farmers.Statically ordered villagers change into mixed flowing villagers.The closed village space has been transformed into an open and pluralistic area.The self-sufficient small-scale peasant economy has evolved into a market economy.The main order maintenance function of traditional VRFC could not cope with strong demand for real interests’ protection of Villagers.So,according to the internal mechanism of VRFC,we must rebuild normalized operation,effectiveness rules and concrete contents.How to perfect the standardized operation mechanism of modern VRFC?Firstly,it is mechanism of democratic formulation.How to solve the problems that legal villagers’subject dissimilates as the village cadre subject followed by villagers.How to coordinate the problem that the formulation of the statutory villagers’ meeting is short of efficiency,meanwhile,the formulation of the villagers’ representative meeting is lack of authority.How to take democratic consultations in order to ensure substantive justice,in order to avoid disadvantage consequences of rigid majority decision?How to standardize procedures to ensure procedural justice?Secondly,it is effective implementation mechanism,including self-regulatory acceptance and commitment,the reciprocal scoring and evaluation,the public executive rewards and punishments.Thirdly,it is supervision and correction mechanism of illegal VRFC.This dissertation is not limited to the debate on macro structure transformation about administrative power,legislative power,judicial power and villagers’ autonomy.From the angle of protecting rights and interests of villagers,it puts forward some feasible countermeasures and suggestions for this focus problem in practice.The administrative supervision should be improved through government’s full implementation of guiding responsibilities,censorship and self-correction order,post filing and administrative proposals.The People’s Congress supervision should be improved through revocation specific terms in VRFC and supervision of government filing by county and country People’s Congresses.Judicial supervision should be improved by invalid evidence ruling and judicial suggestion.How to establish legal and effective liability rules for breach of VRFC?Coercive forces of ensuring implementation of various norms include state coercive power and social compulsion.It is social compulsion to guarantee implementation of VRFC.The national legal recognition,the villagers belief on traditional habitus and the psychological compulsion of the public opinion to villagers form the basis of external social compulsion,owning to the principle of pacts being observed.The liabilities for breach of VRFC,which are agreed by villagers,form the basis of internal social compulsion.Although VRFC is not allowed to set up illegal liability rules for breach of VRFC,suchas fine penalty,but can be allowed to set up other liability rules for breach of VRFC with social compulsion.The rule of economic liability for breach of VRFC is a lawful and effective rule with social compulsion.Based on practical investigation,this dissertation summarizes four lawful and effective economic liabilities rules for breach of VRFC,such as beforehand agreement of compensation for civil infringement,incentive allocation scheme for collective interest or welfare,traditional penalty of mutual aid and common interests in habitus,rigid binding village cadres and flexible guidance for villagers,in order to solve the problems that effectiveness of VRFC is not enough in the practice of village governance.How to enrich specific contents of VRFC to promote modernization of national governance in time?Responding to the urgent demand of modern rural governance,its content needs continuous filling:Firstly,it should advocate and practice the socialism core values in order to achieve rural rule by virtue.The core values should be merged into its text.Relying on it,Villager is cultivates by culture,home is regulated by family discipline,Village is ruled by virtue.Secondly,it should have organic connection and positive interaction with laws in order to achieve overall rule by law.This dissertation analyzes both VRFC regulated by law and law promoted by VRFC,including two typical domains.One is villagers ’categories about rights and obligations;the other is realization of land rights,which need to be resolved urgently.Lastly,VRFC should achieve good grassroots governance through constitutions coordination of multiple rural organizations.Guided by democracy,it should promote the co-governance of plural organizations by perfecting constitutions of autonomous organizations.Guided by market economy,it should enhance villagers’ sense of acquisition by improving constitutions of economic organizations.Guided by fairness and justice,it should build and share a happy homeland by improving constitutions of social organizations.In summary,there are two main innovations in this dissertation,on the basis of elaboration logic of advocate VRFC construction and analysis of the present problems and reasons:One is theoretical innovation that the internal mechanism of modern VRFC is clarified from external sources,the core elements,the ways of generating and the innate characters,in order to reveal its scientific connotation and reasonable extension,and to guides its practical development;The other is practice innovation that some operable countermeasures and suggestions are put forward to strengthen and improve construction of VRFC,in order to promote modernization of national governance.These countermeasures and suggestions can directly meet practical needs of rural governance modernization because their legitimacy and feasibility are fully demonstrated.Firstly,it is perfecting the standardized operation mechanism of modern VRFC;Secondly,it is establishing legal and effective liability rules for breach of VRFC;Lastly,it is further enriching detail contents to achieve rural rule by virtue,overall rule by law and good grassroots governance.