Research On Legal Problems In Villager' Autonomy

This article take the socialist new rural reconstruction as the background, the villagers'autonomous is a carrier, through the historical inspection, the analysis and the synthesis unified and so on the method has carried on the discussion to legal problems in the villagers'autonomy.First, the article believes through the historical inspection, regardless of the end of the Qing carried out local autonomy or Republic of China implemented village autonomy, the basic goal lay in the control grassroots, maintained the ruling benefit. The communist party has truly represented people's benefit, implemented the wartime democracy in its active areas, not only has realized the general election system in the form, but also carried out the democratic spirit in the practical action. Country conformity village ability obtained the unprecedented strengthening in the people's commune time, autonomy and general election formed in the revolutionary base time has no longer existed. Villagers'autonomy appeared in economy, politics, the reality and other reasons, its development experienced produces and germinates, consolidated and the proliferation, the deepening and perfect stage, now just marched into the third stage, which is villagers' autonomous higher phase. This development course also is the developing process of legal system in villagers'autonomy.Next, the article systematically discusses legal origins for villagers'autonomy, legal origins for villagers'autonomy refers to the manifestation of villagers'autonomous law, namely the carrier of law in villagers'autonomy. Presently, legal origins for villagers'autonomy divides into law and folk law two parts, which mainly includes the constitution, the law, the administrative rules and regulations, the local laws and regulations, the rules and regulations authentic interpretation for law, village rules and costumes.Third, the article analyzes some problems about villagers'autonomy, which specifically include villagers committee'status is quite fuzzy, the accountability of"village party branch and villagers committee"has some disfigurements, accountability between villagers committee and town government Is not clear, besides, relief mechanism for villagers'autonomy in judicature is limited and so on. These problems are seriously restricting the development villagers' autonomy.Finally, the article proposes some measures and suggestions to consummate the villagers' autonomous law unifying the correlation theory: (1) We should explicitly stipulate the villagers are the autonomous main body, clear about the legal status of villagers committee, entrusts with the villagers'autonomous community "autonomous company" the status, the villagers committee locates "autonomous company" representative and implementing agency. (2) We must affirm the power and responsibility between villagers committee and village party branch, the village party branch is responsible for directive important matter, such as political principle, political direction, significant policy, the villagers committee handle concrete business, such as developing production, building roads the bridge, education and hygiene; positively explore the new way which can promote the relation, propose democratized and sequenced request to the party organization's leader. (3) We ought to make scientific demarcation of the boundaries between the executive power and autonomy in accordance with the constitution conferred no rights principles is no law and the principles of administrative law, executive power must be made clear from the provisions of the law, otherwise within autonomy; regulate the acts of town government, it should introduce "positive " and "negative" executive administrative strategy of combining; put the guiding acts of township government into law based on power and responsibility consistency principle. Bedsides, we should strengthen and improve the supervisory system for the township. (4) We have to develop relief ways to administrative organ tort, expand judicial relief measures for villagers committee irresponsibility, found the judicial relief system for villagers committee election, build the examining mechanism for village rules and autonomous regulations, all of above are for bringing tort acts into judicial track.