Village Government In Modern China And Its Enlightenment In Legal Field

The problem of rural areas is the major problem in China at present. In the legal science field, it mainly focuses on that the local society has not truely and comprehensively accepted the national laws which could be put in effect anywhere. Does the local socity really exist some resistance when it faces the state power? Is the achievement of general law administer impossible as expressed by the native recources speaker? Based on the consideration of these questions, this article attempts to link up the history and carry on the involvement inspection.First, this article reviewes the relationship of legal jurisdiction between the local society and state in the fore-modern age. The preliminary discovery shows that the local socity exists the thought that the national power is out of effect in local socity in chinese fore-modern historical filed. The local socity has displayed the greatly strengthened sensitivity when national power extends, which mainly presentes as self-controlled and personal behaviors, strengthened consciousness of rights and great union and organization on group cooperation.How to carry on the popularization of the national power in local society under its special characteristics? Subsequently, this article inspectes the system that government chose in the time of Republic of China which can avoide the power submersion. In Republic of China time, government just met the situation of social reform. In order to obtain more material resources and human resources from rural areas, the state had to guarantees that the national power was able to affect countryside. Under this situation, the national government and the revolutionary government have chosen a similar system, which has displayed the government's unremitting endeavor on leading the state power into countryside under the guide of system rationality. However, the similar choice on system ended differently. The possible reason may be the difference on the utilization of the system technologies (or called authority technologies).Finally, related to the popularization of state power which takes law and rights as the new symbols nowadays, this article analyzes all sorts of realities on the popularization of law in local society. Then, it finds out that the authority was ridiculed, the universal government of law was questioned and the validity of law met great challenges.If we want to use the experience of Rpublic of China for reference in order to chieve the popularization of national power, we must look closely at the authority with a positive manner and make good use of the authority technology. In this way, it will be possible to achieve the popularization of national power.According to predominating the reasonable resources in the history of local order, I honestly hope that this article can facilitate the formation of contemporary rural social norm orders and realize or assist to realize the function and the value of national legal system.