Law Point Of Views Of China's Rural Governance Structure During The Transition

Existing two order and rules in the social process forming: one is spontaneous formation of spontaneous order and rules which is not decide by the people's will. And the other is the one that formed by the unique talents and endowments of human themselves. These two different order and rules formed a complete society, by virtue of the theory of Double Social Model of Mr. Yin Yi, here I divide the social governance into two parts: State control of the dominant model of governance and civil rights at the core of the autonomous governance model. Some empirical analysis about the transition of rural governance have been done from a law point of view.For the first part: The changing of China's rural governance structure.The changing of rural governance model after China's setting up reflects the reform process that a traditional political state did in the rural community systems, leaving profound historical traces in the process of the rural political experiments. China's modernization process is together with the national structure. Before opened, the national strength of the grass-roots social control only to counties, while rural regions has been controlled by the secular rule authority and elders from generation to generation. The Communist Party of China who based on the aspirations of achieving modernization and establishing a socialistic society have been placing the rural community about the political integration on an extremely important position within the 30 years since new China was founded. Eventually, it has up to the national grassroots organization of the Chinese community complete control by the Movement of People's Communes. State power has infiltrated into every corner of society in an unprecedented way. Especially during the period of the people's commune, state power and social organizations are as one, it' s model which are highly concentrated and unified of governance seriously suppressed the development of the rural community. The urgent demand of governance reform and innovation appealed by the simple folk paved a new condition for autonomy of the villagers and development. For the second part: Empirical Analysis of the governance structure of contemporary Rural China.Organic Law of Villagers Committee supplied an overall blueprint for the transition period of China's rural governance: dealing with affairs in accordance with the law by the villagers themselves, developing rural grass-roots democracy, advancing self-management, self-education and self-service; The way for village autonomy is-democratic elections, democratic decision-making, democratic management and democratic supervision; Villagers are the main body of the civil body politic, not the villagers of village committee members of the minority. This model of governance as villager autonomy for the core under the context of the national market economy is a commitment in system and protection of farmers' individual rights, which marked relatively isolation of the state power and autonomy rights of rural, and redefining of national and social boundaries. At the same time, it brought changing in the rural community on their life value and pattern: From the beginning of consciousness in political power to the awareness of the legitimacy of autonomy, from feeling the ethical attachment to the rationale of the spirit of the law, from the identity of ethics to the lease of legal relations changing. All these lay a solid social foundation for China's democratic construction and accumulate valuable technical experience.For the third part: Conflicts between villagers autonomy and state intervention.There comes out two forces in rural governance in the country: Top to bottom powers and the autonomy of the rural grass-roots social rights. The way to solve the conflict turned out to be three organizations established during the national system of governance in rural process, by name of rural party organizations, village-level self-government organizations System, management of rural collective economic organization. As an external system, villagers autonomy was intervened variously by the State, but after several rounds of the general election practice, its focus has transplant from the organization development and villagers rights protection in the form of the substance to protect the rights of villagers. Village autonomy has become an inalienable and non-negotiable democracy right in the hundreds of millions of villagers, and an important element political way of life of them. Meanwhile considering the political, economic or cultural foundation and the faith of laws, China is still indispensable to the growth of this autonomy rights soil. There are some systemic shortcomings on the play of this autonomy rights. Mainly for the deterioration of the property, subject to democratic, non-participation in decision-making and losers for tests. To overcome these shortcomings, and gradually establish a rational harmony of a modern rural society, has become an important construction of the rural governance structure goals and essential requirements during a transition period.For the fourth part: Structure theoretical construct during the transition of rural governance.The process of rural China management structure changing during the transition which is under modernization background is dominated by the state system of rural social arrangements. In the condition of strong national society, rural society in the country can only be established within the framework of the system chosen, the state authority is the most fundamental factors of the rural social system. But the state is not omnipotent, its lead of the rural community-driven is limited, and it is influenced by various factors and constraints including the structure of the rural interests. As the main one of rural interests, the state is not of a fully ration. On institutional arrangements, it would like to deal with various interests social relations according to the its will itself and may take compulsory measures to implement its system arrangement. While in the process of the transmission system, the interests of local governments at all levels stratified countries will also create a system of rules variations, and sometimes will be resistance from the local authority. The transition period in China's rural areas management node configuration changes is also a process of rural social relations status to contract process of change. The rural community is at the very time of transition that the main political and legal changing from a family to units and then to individual. This is a transition from which the traditional social or family hierarchy towards social stratification of modern open society, and the only way that China's rural areas move to a modern, democratic society. If the essence of contract is a system that every person acts without any external pressure, influence and constraints, and expresses their wishes and behavior freely, so that the contract itself is a democratic order. It indicates the degree of democratization and liberalization of our society.Based on the above analysis, the author concludes with a transition period of the rural governance structure theory building ideas:(1) In accordance with the separation of powers and the idea of partition, rationally determine boundaries of the autonomy of state power and the rights of farmers. The country should adopt the rule of law, the interests of rural society and the country's main development goals can be finalized of expect by adopting mandatory legal, to establish a rule of law– compliance mode, by which the rural community affairs and national objectives can be districted appropriately. (2) To determine the border of village autonomy in accordance with the concept of the protection of the rights of the individual.The fuzzy border of rural autonomy rights which means that the rights and obligations are of uncertainty will make organizations have no economic rights and unprediction of the individual. On the system design, I agree with Xu Yong and Yu Jianrong's agricultural capital of composition, meeting the market needs of the organization by the allocation of capital of the elements of the agricultural production. Judging from the current political and social situation in China's rural areas and organizations of all kinds of resources, the main basis of equality and the membership organization through DMC about a way of a clear relationship between rights and obligations and reasonable mechanism for withdrawal should be the most practical and effective market-oriented organization.(3) In accordance with the concept of giving priority to the development community, distinct the country's democracy and rational between democracy and community boundaries. Modern society is a society which country and social society isolate relatively. The development of market economy will soon collapse the urban and rural structure, at the same time a New Community based on public community will form the basic organization of this society. Community democracy and the democratic national level will be a new mode of interpretation of the mutual relations. In that sense, one could say that a villager autonomy at the core of rural governance model, in essence, is based on the market economy in order to integrate the new era of China's rural interests and authority structure, and to design the system accordance with the democratic concept. It may now or in a very long period of time, is not a democratic structure of the rural society, but its ideas and efforts to achieve the rights of the individual-based, national system based on the legal system and the concept of cultural norms, is a rural community development community the spirit and respect for individual rights social rules. This is what China to move toward democracy and the rule of law foundation.