Villager Self-administration In Law View

Villager self-administration system is a new government pattern in Chinese countryside,which started in People's commune disintegration, after more than 20 year practice, villager self-administration system obtains the widespread popularization in the countryside, and plays the influential role in the countryside government, Villager self-administration system achieves remarkable success to promotes the rural development and maintenance social stability. But China's general countrysides is a place of being fettered by traditional culture, lacking the democratic factor, economic developmenting backwardness,Villager self-administration system as one kind of government pattern which was carried out by the country, has many problemsi n reality. The civil rights strength is not suitable intervenes, two committees have the contradictory conflict, the economic basis causes the government ability to be insufficient weakly, the benefit obligation causes the autonomous authority inflation, the above question has existed with the villager self-administration process in.Looking at from the government by law angle of view , The villager self-administration meeting difficult position has the direct relation with the legal framework's crack. The consummation legal request the full rationale. This article begins from the concept and the background of villager self-administration system, analysis the relations that villager self-administration with democracy politics, party leader, government authority, This article thought the function of villager self-administration to democracy should not exaggerate, villager self-administration system's starting point is foothold reality, safeguarding the farmer's rights and interests, it is not emphasizes the significance to our country democracy; The villager self-administration must accept the party's leading, The party leader needs to be clear about the scope, follow the authority operating law. Villager self-administration needs government administration according to law. establishment limiting government, serviceing government, the responsibility government. Government main work is that provideing the collective services, villager self-administration's essence is the unifing mechanism that include state power instruction and The villager's chooseing independently, the unifing mechanism that include government behavior legalization and the autonomous method multiplication, the unifing mechanism that include france's compulsory and france's tolerant to the villagers governing behavior.In article final, the author proposed the part conception of legal aspect: Locates the legislative center of gravity, the present legislation mainly stresses on democratic election, the author thought legislation should pay mare attention to the democratic decision-making and democratic supervision, reduction formalism behavior, provides more substantive safeguards to the villager self-administration. Full display tradition resources' function, related department should strict examination the local rule and autonomous regulation, guarante that the content is legitimate,plays these standards government role. Safeguards the villager self-administration through the judicature, emphasizes the significance of the judicial safeguard, qualitate the abuse of authority, revision administration procedural law, expansion document scope, fill the relief of law'sblank, perfect judicature safeguard mechanism about villager self-administration system.