On The Legal Remedies System For The Rights To Villagers' Self-governance

Villagers' self-governance is a Village-level governance system that established by law. As a product of China's rural areas' social, economic, political reform, Bound to right, power and the interests of various contradictions and conflicts. With the development of rural economy and farmers constantly reinforce awareness of rights, the cases against rights to villagers' self-governance frequently. To protect legitimate villagers' self-governance and orderly operation, It is necessary to establish and improve the system for villagers' self-governance legal remedies.The Research on the legal remedies system for the rights to villagers' self-governance by two ways. The first is mainly through literature, computer retrieval and notes, references, etc. tracking Retrieval, Comprehensive research and Carding the Information involved in villagers' self-governance and the legal remedies system of the relevant monographs, theses, and other information related to the web site. Master the results of research at present and the practice of legal remedies. And to analyze and study with the theoretical and practical issues in the legal remedies for villagers' self-governance in our country;And second is by Case Study way. Case Study way is a important method in law research. In the process of study,with the theory of the legal remedies for villagers' self-governance, by depth analysis the cases, and then confirmed rich the theories of the legal remedies for the rights to villagers' self-governance.This paper main about the Phenomenon of the town governments and village committees against the rights to the villagers' self-governance.We Discussion the legal remedy for the rights to villagers' self-governance in four parts.Chapter 1 main about the meaning of the rights to villagers' self-governance and the legal remedy for the rights to villagers' self-governance.the rights to villagers' self-governance from the start, From the legal point to analyze the subject. content and attribute of the right to villagers' self-governance. And analyze the legal remedies and the the legal remedies for the rights to villagers' self-governance deeply. From the theoretical and practical value in the two areas to study the function of the the legal remedy for the right to villagers' self-governance. To further study the villagers' self-governance to provide legal remedies system theoretically support.In Chapter 2, Firstly, introduced the two main forms that against the rights to villagers' self-governance at present: the town governments and village committees. According to the nature of legal Relations of the villagers' self-governance, analysis the application of the legal relationship of the villagers' self-governance. And introduced the legal remedies way at present,include litigation way and others. According to the legal remedies way at present, so we know the reasons for the legal remedies for the rights to villagers' self-governance.Chapter 3 main discussion the most important way of legal remedy—Litigation. Firstly, introduced the application of Criminal,civil ocedure and aministrative Litigation when the rights to villagers' self-governance were infringed.I think, aministrative Litigation is the most important way at present,and made recommendations on the improve of administrative litigation.Include to expand the defendant eligible and the range of aministrative Litigation,and made recommendations on the Special principle on Litigation remedies.Chapter 4 main discussion the methods other than litigation way- villagers appealing. Conducted a preliminary exploration on villagers appealing.From the right to villagers appealing, the meaning and function of establish villagers appealing system,and the establishment of villagers appealing system three parts to analyze.I think, On the current situation, villagers appealing system have their own advantages,it can make up for the lack of legal remedy system for the rights to villager autonomy.From the above four parts,we kown that the rights to villagers' self-governance is an important right that the villagers enjoy. The law should provide practical and effective remedy way. Against the complexity and uniqueness of the legal remedies and the rights to villagers' self-governance at present. Should establish and improve the administrative proceedings to provide remedies to the rights to villagers' self-governance. And step-by-step exploration the mechanisms and function of the villagers appealing for the protection and remedies for the rights to villagers' self-governance.