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A Study On Villagers' Committee System

Posted on:2005-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Q TanFull Text:PDF
GTID:2156360122499693Subject:Law
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As the core of Villagers'Autonomy system, the first villagers'committeeappeared in the early nineteen-eighties. In the past twenty years and more, a lotof remarkable achievements were made on Villagers'Autonomy in the rangeof Democratic Election, Democratic Administration, Democratic Decision andDemocratic Supervision. At present, the theoretical research is mainly on the election of Villagers'Committee. Thanks to those theories, there are numerous successful exampleson the Committee's election, which is true. On the contrary, the function of theelected Villagers'Committee did not take great changes compared with theAppointed Villagers'Committee. There are still many cases of corruption,autarchy, etc. A few elected Villagers'Committees are worse than theappointed Villagers'Committee. With the authority of villagers'election,some Villagers'Committees come to be anarchic and lead the villagers'tobreak the law. The election is an important part of Villagers-autonomy based on theprinciple of democratic politics. But the soul of villagers-autonomy is rulingby law. At present, it is necessary to clarify the legal relation between theVillagers'Committee and other legal subjects, to perfect and consummate thework system of the Villagers'Committee. This thesis is divided into four parts. The first partdescribes the history of Villagers'Committee in China fromthe view of legal-theory. Then it analyses the law nature of the Villagers'Committee and the problems in the practice. At last the writer puts forwardshis views and gives some suggestions on the construction of Villagers'Committee System. 47There were four periods in the development of the Villagers'Committee.The first period was the sprout of the Villagers' Committee aroundnineteen-eighties. The second period was the foundering in due form of theVillagers'Committee which from 1983 to 1987. The third period started from1987 with the promulgation of Rules of Organization of Villagers' Committeeof the People's Republic of China (try out) to earlier nineteen-nineties, it wasthe period of establishment and practice of the law of Villagers' Committee.The fourth period started from 1990 to now, it was the standardization andinstitutionalized period of Villagers'Committee. As the organization of Villagers-autonomy, Villagers'Committee has fourcharacteristics. First, Villagers' Committee is a part of Villagers'Self-governess System, not a grade of local government. Second, Villagers'Committee is a permanent organ of Villagers-autonomy. Third, Villagers'Committee is not only the work organization of Villagers'-autonomy but alsothe executor to embody the will of the people of village. Fourth, Villagers'Committee should accept the instruction of the elementary governments, andassist the governments. Its right and dutyis identified by the law. The second part analyzes the law relation among Villagers'Committeeand other legal subjects as well as the confliction among them. According tothe law, Villagers'Committee should assist the elementary governments andthe governments instruct Villagers'Committee to carry on autonomy. TheVillagers' Committee manages the affairs of autonomy and the Party Branch ofvillage supervises the implementation of the principles and policies of thePartyand support the work of the Villagers' Committee. The villagers' meetingis a supreme organ in the system of Villagers'autonomy. Villagers'Committee is elected by it and responsible for it. The villager has the right ofelection and supervision, and to obey the managing of the Villagers'Committee at the same time. 48In the practice of Villagers'autonomy, there is a trend that the elementarygovernments interfere in the autonomy, or the Villagers'Committee has ananarchistic trend. Relationship between the Party Branch and Villagers'...
Keywords/Search Tags:Villagers'
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