On The Relations Of Township Government And Villager Committee In Villagers' Autonomy

Villagers'autonomy, as one kind of the basic mass autonomy, should belong to the social autonomy, it is not the local autonomy, the villagers'autonomy does not have the dividing power of the central committee and all levels of governments. It is no doubt that the villagers'autonomy has certainly contained autonomous meaning. The constitution and the law define standards to the nature of the villagers'autonomy. From the regulation, we will see that the villagers'autonomy cannot surmount the boundary of the national administrable authority, also cannot exceed the scope of the village business and the enterprise. It is vital significant that correctly understand the value of"villagers'autonomy"in constitutional government. This article divides into four parts.The first part is the value of the villagers'autonomy in the constitutional government. The democracy is the core of constitutional government, if the government does not have the democracy, constitutional government is actually deadened. The constitutional government construction of the China cannot neglect the countryside democracy at the grassroots'level, if does not have the countryside democracy at the grassroots'level constitutional government, can not have the entire national democratic constitutionalism. Under the constitutional government conditions, the township government must refrain from doing things. Legalization is the constitutional government foundation, only in the environment which the government is ruled bylaw, can we construct the constitutional government country. From the stipulation which the constitution and the law define the villagers'autonomy, the villagers'autonomy is under the power of the law, is not absolute autonomy, can not surmount the constitution and the legal rule. The villagers'autonomy is the democratized practice which the general villagers participate by oneself, establishes a series of legal rule and the procedure in the democratized practice. It has played the demonstrative role for the Chinese legalization. The villagers'autonomy is helpful to cultivate villagers' democratic government by law notion and the right duty notion. The essence of constitutional government is to safeguard the human rights as the basic object. To safeguard human rights is basic criterion of the constitution, to maintain and safeguard human rights is intrinsic agent of the constitutional government movement, they are the constitutional starting points and the final home to return to. Very obviously, the villagers'autonomy contains the free value. Implementing the villagers'autonomy can also fully safeguard the general villagers' property right.The second part writes separately the original condition and the real performance of the township government and the villager committee. The township government is the basic unit administrative organ in the national administration chain link. The villager committee is the countryside basic unit mass organization, is neither lower organ nor the agency under the township level government instruction. The basic relations of the township government and the villager committee are summarized "the instruction" and "the assistance". "The instruction" is the township government to the villager commission's instruction; "the assistance" is the villager committee to the township government's assistance. Speaking of the object legal text designed, the township government and the villager committee's relations must be harmonious wonderfully. But in the actual movement, the two relations does not like the legal design, the two relations do not develop healthy. The township government and the villager committee's relational dissimilation perform mainly in two situations. The two kinds of situations or the trends are"Attached administration" and "excessively autonomy". These two kinds of tendency from the different side influence the villagers'autonomy to develop, restrict the villagers'autonomy to practice, even endangers this system, it is dangerous for the existence. The former causes the nominal autonomy, moreover causes originally anxious on the uncoordinated relations of the township government and the villagers. The latter is the challenge to the township government authority, disturbed administrative authority and the essential government affairs activity, suppressed and weakened the state power in the countryside society's seepage and the regulation, has created the self- denial which the villager autonomous essence stipulated.The third part relates the reason for dissimilation of the township government and the villager committee. Their relational essences are the relations of basic executive power and the villagers'autonomy. In our country, the power of township government is much stronger than villager committee's; the township government's executive power is too formidable. The scope of Villagers'autonomy is narrow and small, the content is also simpler. When specially faced to the administrative authority, the villagers'autonomy is helpless. The law in principle had stipulated the relations of the township government and the villager committee is "the instruction - assistance", the two are instruction with instructed in the work and the assistance and the relations which assist, but it is not the relations of leadership with the led. But all these stipulation is too principal, and is difficulty operated in the technology, also does not explicitly stipulate the instruction, the support, the help content, the way and the method, also does not explicitly stipulate the scope and the form of the assistance. Law to "villager committee and village party branch's relations" stipulation is simple. The legal administration ability of township government is unsuitable to villagers' autonomy development. This is the main reason for the conflict of the township government and the villager committee. Villagers' legal consciousness is about the legal psychology, the knowledge, the idea and the thought sum total, manifests it to the legal phenomenon cognition and the appraisal. Along with villagers'autonomy system carrying out, some local villagers'law consciousness do not have obvious enhancements, It is displayed in the villagers worships the government blindly, the notion of the right and duty relations is unclear, law consciousness is faint and the legal knowledge is lack.The fourth part for the measures of consummation two relations counters. How to restrains the township government executive power, does not cause it excessively to exaggerate, becomes a much important problem. It needs to set up the law notions of "the authority of the government is limited". The township government also must at the right moment transform the function, the function does not transform, and it is difficult to achieve the legal rule designed balance conditions about the relations of township government and the villager committee's relations. The consummation of law is the effective implementation basic guarantee. It is the key to reasonably divide respective jurisdiction from the system. The township government and villager committee will effectively drop off each kind of contradiction and the conflict. If we think the relations of village party branch and between the villagers'committee standard, cause the two relations to step onto the rationalization and the institution track, must obtain from the relevant law and the system. The so-called legally administration, is refers to the township government strictly exercise the administrative authority according to the scope, which the laws and regulations stipulated. It is not only the responsibility for the township government to fulfill, but also is the authority boundary of the township government exercises. Along with law consciousness enhancement of the villagers, they will be able to apply the law voluntarily. They legally exercise the right and fulfill the voluntary. The legal consciousness transform the legal act, namely it is successfully transform from the enhancement of law consciousness to the enhancement of the legal utilization ability. The villagers'law consciousness enhancement will be able to urge the villagers positively to participate in the villagers'autonomy, will raise villagers' democracy consciousness, and will be advantageous to the social democratic legal advancement.