A Research On The Relief By Law About The Right Of Villagers' Self-administration

Self-administration, the administrative system at the village level established by the state legislation, emphasizes the right to autonomy of villagers granted by the authority of law. As a new phenomenon emerging in the process of economic structural reform and democracy, self-administration of villagers is bound to be hindered by the backward thoughts and behaviors. And it is bound to arouse various conflicts between rights, powers and obligations. In practice, there exist frequent violations of villagers' right of self-administration. Therefore, as the most fundamental right, villagers' right of self-administration should be supported by a complete legal relief mechanism.Villagers' self-administration is another great innovation of the Chinese farmers under the leadership of the Chinese Communist Party after the family contract responsibility system. It is a state will established by law. Therefore, as far as the relief to villagers' self-administrative right is concerned, there should be some aspects similar to the legal aids to other rights. At the same time, there should also be some differences from others due to its particularity. This thesis, in light of the reality of Chinese legislation, makes a systematic analysis into the issue of relief to the villagers' right of self-administration. The thesis consists of three parts.The right of self-administration is integral part of the system of villagers' self-administration. Its extent is closely related to the implication of villagers' self-administration. In this connection, this thesis, in the first part, discusses the implications of villagers' self-administration and puts forward its own ideas on the basis of an analysis of several different definitions of self-administration. Then, it analyzes several major forms of violations of villagers' right of self-administration under...