Study On Rights Remedies And Development Of Grass-roots Democracy

Now China is in a transitional period of renovation, reform and opening up. With the acceleration of modernization, public demands for individual interests also increase in proportion to their needs for rights. "Where there are rights, there are remedies; where there is infringement, there is protection." This is an important criterion for measuring the degree of social rule by law. At the very edge of both political and social systems, the grass-roots society becomes a meeting and rallying point of all kinds of social conflicts and relations of interests. As political, economic and social appeals in this level have the most direct and closest relationship with public interests, infringement issues usually take place in the most common way. The final solution of these issues depends on the grass-roots society perse, and as an interest-coordination mechanism, democracy has undoubtedly played a crucial role. On the one hand, with the development of grass-roots democracy, the substratum society can be integrated into the state system continually and public identity with national legitimacy can be maintained; on the other hand, primary-level democracy is an effective means to guarantee the sound and continuous running of state apparatus, check and balance the national power from infringing upon civil rights and individual interests.This study discusses how to provide remedies to citizens when their rights of participation in grass-roots governance are infringed upon. The first chapter gives an explicit definition of civil "rights" in this study, probes into the issue why civil rights can only be realized through the remedy of rights and stresses the relationship between primary-level democracy and rights remedies. The second chapter analyzes rights remedies in various aspects of primary-level democracy from the angle of practice, focusing on how such five mechanisms of grass-roots democracy including villagers autonomy in rural areas, community autonomy in urban regions, workplace democracy, rural and urban public administration and system of people's congress in counties and towns relieve civil rights and how remedies can be achieved after civil rights of primary-level democracy are aggrieved. The third chapter introduces the problems that exist in the current rights remedies by referring to some typical and common cases. These problems are:inaction of remedial subjects, blockage of remedial channels, unregulated mechanisms and singularized remedial methods. The chapter not only investigates into the influence of these problems upon the development of grass-roots democracy, but also put forwards corresponding solutions.As the last step in realizing civil rights, the remedy of rights plays a vital role. With the perfection of remedial systems, infringed rights of citizens can be compensated; civil consciousness of rights can be constructed and improved, which is conducive to cultivating a civil society and promoting primary-level democracy.