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On Public Law Control Of Villager Autonomy

Posted on:2011-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhouFull Text:PDF
GTID:2166330332464280Subject:Constitution and Administrative Law
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China is a large agricultural country with 900 million rural population. In other words, only when we are acquainted with China's rural areas can we understand China; only when we solve practical problems in rural areas can we solve China's problems. Currently under the background of building a socialist harmonious society and a new socialist countryside, problems faced by agriculture, rural areas, and farmers become critical during the period of social transition. To solve the three problems, we must carry out a series of thorough and lasting modernization reforms, among which the political reform of modernization is considered as its main content. Expanded democratic participation is a key sign of modern political reforms. In traditional societies, the political and democratic participation was only the privileges of a few social elites, while in modern countries, farmers'initial intervention in national politics becomes a turning point of political participation and the expansion. According to Marxism, the society's participation in national politics, the society's constraints on the nation and the society's recovery of the national state are three ways to prevent abuse of the state power. As one of the public powers, village autonomy is an important force constraining the state power and it is a fundamental means to embody these three ways.The system of village autonomy in rural China implemented as a systemof democracy at village and community level was confirmed in "Constitution" in 1982. In 1987 the Sixth National People's Congress adopted and promulgated the " Organization Law of Village Committee (Trial)". After eleven years of practice and amendment, the law was formally adopted in the name of the " Organization Law of Village Committee" in the Ninth NPC Standing Committee in 1998. Over the past 20 years it has been proved that the system of village autonomy plays an important role in the establishment and and expansion of democracy at village and community level and limits degeneration of the state power. But since the establishment, the village autonomy ,as an important part of the public power, has been separated from the edge of laws and regulations and rarely subject to effective supervision and regulation.So it is easy to abuse the legitimate rights and interests of the members of the organization are not effectively protected. In this article, the author studied the rights of the villagers under the system of village autonomy as a starting point, analyzed the system of village autonomy and some related contents in deepth. And then I summarized the phenomena of alienation of the villagers'autonomy and their need for and theoretical foundation of the Public Law.Finally, from the angle of Constitution and the administrative law I proposed some regulative ways.This article is divided into three chapters. Chapter I: Overview of Public Law in regulating villagers'autonomy. The level of analysis from the legal power, state power and social meaning and the relationship between public authority, and the concept of village autonomy, origin, theory, etc. were analyzed and the villagers autonomy was also analyzed based on Public Law Theory. Chapter II: Reasons of Public Law in regulating the villagers'autonomy. Starting from the constitutional level, I analyzed the alienation, inappropriate external interference, restrictions on lawsuits and other problems emerging in the China's current village autonomy. Chapter III: Ways of Public Law in regulating the villager autonomy. I proposed two regulative ways by building village regulations review of the record system and improve the system of villagers autonomy Constitutional Review Public Law.
Keywords/Search Tags:village autonomy, public law control, the record review, review of constitutionality
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