On The Right Of Villager Autonomy

Villager autonomy is the historical background of China's reform and opening up hundreds of millions of peasants in the great undertaking relates to the fate of farmers is an important task and social development in China, Selection and operation of villager autonomy and rural development has increasingly become the key factor a profound impact on the democratization of state-level society, the rule of law process.The villagers'autonomy is the core content and the key concepts. At present, the villager autonomy of academics from the point of view of political science, sociology or expounded. As a legal system, law experts concerned about the relative autonomy of the villagers was not enough. The author attempts from the perspective of law, put on the villages'autonomy as a point of the legal issues arising from the operation of a comprehensive system to sort out and analysis to solve practical legal solutions to the conflicts with the corresponding proposals and measures, which tend to avoid empty talk.This paper is divided into four chapters :Chapter one is a general analysis of village autonomy. This chapter defines the concept of villager's autonomy from the start of the meaning of autonomy of the villagers, characteristics and nature and the idea embodied in the spirit of the villagers'autonomy for the more comprehensive understanding of the system. From the three levels of autonomy and sovereignty of autonomy, local autonomy and social autonomy perspective, villager autonomy should be classified as social autonomy. Combining the "Organic Law of Villagers Committees," the relevant provisions In my view, village autonomy is the villagers of village-level law related to the interests of villagers of village affairs to deal with a social self-government. This village autonomy is the villagers of village-level law related to the interests of villagers of village affairs to deal with its rights of autonomy. Compared with the general characteristics of the right, it is a collective rather than individual sexual rights, sexual rights societies; social rather than Societies; is a statutory right. On the nature of village autonomy, the authors first analyze the nature of the villagers as a self-study route. From the point of view of democracy, villager autonomy is the essence of the relationship between state and society in rural response national society is a "right," villager autonomy following is the township community autonomy, not state political system in the area. should be a social autonomy. Therefore, the villagers is a right to self-autonomy rather than autonomy. Exercise of the right of the villagers as they are a bunch of rights, the rights of the various pools, including the right to vote, the right to request, benefits, the Democratic vote, the right to democratic decision-making, democratic management and democratic supervision and so on. Villager autonomy to the free expression of the broad masses of peasants idea, the idea of the spirit of democracy and rights demands. Freedom is the essence of village self-concept, democracy is the core concept of autonomy, the right to self-concept is the key. In turn, complement each other.The second chapter is to define the main village autonomy. This is an issue of much theoretical controversies. Led to legislation defining the fuzzy legal concept and practice related behavior. Villager autonomy is the main village individual or collective village, the legal effect and has a completely different meaning. In my view, the main village autonomy is achieved through the exercise of autonomy to the villagers of village autonomy. right to self-autonomy is the main subject. This chapter from the main village autonomy in general and special circumstances of the two aspects of a comprehensive and meticulous cleaning and summarized. Section I is the main village on two controversial analysis of individual or collective village. argues that the villagers villager autonomy is the main entity. villagers and the village committee and the collective can become the mainstay of autonomy. The villager autonomy will be more conducive to the main definition of individual farmers to raise the democratic awareness of rights awareness promote the healthy development of villager autonomy. Section II discusses the village autonomy is the main special circumstances, including permanent residence outside the village and the villagers living can become a permanent autonomy in the main village, exercising their right to vote and to stand for election as well as other issues of the right to self-Analysis. but also to "households" that the autonomy of the main issues discussed specific.Chapter three villagers'autonomy is the core topic of village autonomy. Guarantee the effective exercise of the legitimate autonomy of the villagers to ensure that the key to implementing the autonomy of the villagers. According to the exercise of those rights may be different from the main body consists of a single villager autonomy and the right to exercise collective firms so right. But here the collective exercise of rights is not the main body of the villagers are still individuals, only villagers in the exercise of individual rights must be exercised for the common individual to a certain number of villagers, a single joint exercise of the rights and the exercise of the right to have closer ties. The exercise of individual rights, including benefits, the right to know, appraisal, land use rights and the rights of the right to operate, Relief access rights. These rights are closely related to the vital interests of the villagers, thereby arousing the enthusiasm of the broad autonomy of the villagers to participate. Joint exercise of the rights, including the right to vote and stand for election, democratic decision-making, democratic management and democratic supervision and so on. "Four democracies," villager autonomy and the right to exercise the democratic ideals embodied in the spirit of instruments.Chapter four of the village autonomy and improvement of the conflict and its lack of legal remedies to explore and reflect on. In villager autonomy process, because the point of the difference between the individual's right to self-government body villagers. intimate self-management of public affairs and public welfare undertakings in the power of self-autonomy in vitro and the natural development of the state power conflict, namely the right to self-government bodies (strength) conflict and the right to self-vitro (force) conflict illustrated in two ways. Will have the right to a conflict, there will be violations, in real life, and infringement on the autonomy of the villagers, authority phenomenon frequently. Relief way its internal and external relief assistance. autonomy in vivo be resolved through democratic means and the authority of the State to seek protection in two ways. Due to the lack of relevant laws and regulations or fuzzy, seriously affected the rights of villagers (force) a timely and effective solution to the conflict. Examine the existing system of relief and look for the source of its shortcomings : not open channels for relief, relief procedures are not standard. accountability is not clear. In light of dialysis and further reflection and the corresponding measures to improve the rational framework : must be clearly defined focus from the main village autonomy related to the operation of the right (power), scientific and reasonable exercise of autonomy and access to relief villagers set of procedural norms as well as the establishment of a comprehensive accountability mechanism. Perfect villager autonomy conflicts litigation relief mechanism villager autonomy, the right to improve the four areas of harmonization of laws conflict. relief system to ensure the proper and orderly operation of villager autonomy. Through the above analysis, the author believes to focus villager autonomy from the perspective of the rights to the villagers to carry out a systematic study of autonomy. fully grasp help cultivate awareness of the right of autonomy of the villagers, attention to their political rights. increase participation in the political enthusiasm to promote the healthy operation of the path of villager autonomy, on the track of healthy development.