Study On The Improvement Of The Legal System Of Villagers' Autonomy

The constitution prescribes that the villager committee set up by the village district is the autonomous mass organizations at the grass-roots. The villagers'autonomy is the constitutional right of self-regulation, self-education and self-service and is a distinct Chinese characteristic system about the community-based democracy. Organic Law of the Villagers Committee in People's Republic Of China is a substantive law to regulate the right of villagers'autonomy. The villagers achieve their right through democratic election, democratic regulation, democratic decision making and democratic supervision. The villager's autonomy and the law bring the tremendous influence to the village and villagers, but they also illustrate some serious problems such as the corruption of the village officials, the contradiction of elections, the shortage of procedures about the villagers' taking participation in the regulation of the village, the lack of supervision to the power of villagers'committee, ect. Among so much resons, the primary reason is the lack of such laws and the consultation.The Deliberative Democracy is a democratic model in the western politic field in the late 20th century. It can be well developed in the gross-roots villages, because it suits for the democracy reform taken step by step in China. The Deliberative Democracy is a basic criteria value of participation, equality, reason and opening. The consultation is the basic way of action. The feature of the Deliberative Democracy is politic legality, equality, opening, mass participation and dynamic, thus it can correspond with the villagers autonomy. The system of villagers autonomy includes the consultation, in which villagers can freely and equally participate in the event of villagers' autonomy. In the participation, the villagers can raise opinions of his own and consider others'predilection fully, to achieve the change of predilection and revise reasons based on the conditions and to eliminate the difference and discrepancy effectively.The Deliberative Democracy is positive for the villagers' autonomy, and in the Organic Law of the Villagers'Committee in People's Republic Of China it includes the idealistic system. The election, regulation, decision-making, supervision of village must have the consultation system, for it can exert the function of the consultation system of Deliberative Democracy to eliminate the phenomenon of no-public and injustice. So this article divides into four parts to represent the improvement of the legal system of villagers'autonomy from the angle of the Deliberative Democracy.The first part represents the basic theory of villagers' autonomy and Deliberative Democracy. It analysis the meaning and property. The villagers'autonomy is the direct democratic formulation, and the Deliberative Democracy is a nature of equality, opening and participating, as well as promote the practice of socialism democracy. The second part represents the correspondence between the villagers'autonomy and The Deliberative Democracy. The Deliberative Democracy has social foundation in china; the pluralism of social subject and the economy, in politics, the traditional democracy can not exclude Deliberative Democracy, and the two parts are unified in the people's democracy. In practice, the Deliberative Democracy can promote the villagers'autonomy. The Deliberative Democracy may have idealistic system in the villagers' autonomy, so the villagers'autonomy has some problems. The third part represents the problems of villagers'autonomy, whose reason is lack of law and the consultation system. So the fourth part raises the standpoint of setting up Electoral Law of the Villagers Committee in People's Republic Of China and restore Organic Law of the Villagers'Committee in People's Republic Of China, in order to introduce the consultation system from the angles of Deliberative Democracy, using the legal thinking, to solve the problems and shortages in the villagers'autonomy.