The Power Of Villagers' Autonomy Benign Operation-A Research From The Viewpoint Of Constitutionalism

At present, the power of villagers'autonomy is a constitutional power in china .its benign operation has the foundational significance for the basic level constitutionalism.The power of villagers'autonomy is a complex in the framework of constitutionalism. In other words, it is composed by villagers committee's comprehensive power and villager's individual rights. We should think the power of villagers'autonomy of comprehensive power, research the mutual relationship between the power of villagers'autonomy and the power of the basic level people's congress, the power of the basic level government, and judicial power,which make constitution basis into constitution practices.The benign operation of the power of villagers'autonomy should have the warrant of purpose, the legitimacy of operation, the independence of status, and anomic behaviors'responsibility. It has very important value for the realization of people's sovereignty, impelling the justness of the basic level state power, and ensuring the benign operation of the system of the basic level power.By analyzing briefly the condition at present of rural governance study, this article thinks it is necessary to reconsider the running status of the power of villagers'autonomy from constitutionalism level. It not only is for safeguarding the benign operation of the power of villagers'autonomy and clarifying the basic level power relations, but also the historical enlightenment of chinese rural governance. This article analyzes closely the basic level power relations, which affect the power of villagers autonomy benign operation: the power of villagers'autonomy is intervened inappropriately by the basic level administration authority, the people's congress at the township level don't protect the power of villagers'autonomous well, the relation between the villagers'committee and the village party branch is abnormal, the power of villagers'autonomy is not be remedied by judicial power.So, it is time for us to improve the basic level power relations which affect the power of villagers'autonomy from constitutionalism level. Such as, set up the constitutionalism controlling mechanism of the basic level administration authority, promot the constitutionalism participation mechanism of villagers' autonomous organizations, establish the constitutionalism relief mechanism of the power of villagers'autonomy, and make the power relation that the power of villagers'autonomy and the power of the village party branch achieve normalization.