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Study On The Right (power) Conflict And Relief Problem In The Course Of Villagers' Self-governance

Posted on:2011-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WangFull Text:PDF
GTID:2196330332472241Subject:Basic principles of Marxism
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Villagers'self-governance is an important democracy system at the grass-toots level which has been since reform and opening-up, and been put into effect after the end of commune system in rural areas in our country. Since there was the first villagers'committee in YISHAN, GUANGXI in 1980, the system of villagers' self-governance has been promoted all-round and developed in depth in wide rural areas. However, the spontaneity of the system causes a good many defect and shortage, which result in a lot of right (power) conflict during the long period of development. That not only harms the interests of subject, hinders the development of the system, but also delays the steps of democracy in rural area. Consequently, how to differentiate and relief subjects'right (power) conflict in the course of villagers' self-governance is a worth probing further academic thesis.Base on document study, and in accordance with the actuality of Chinese villagers'self-governance system, taking Marxism Dialectical Materialism as guiding ideology, proceeding from scientific and objective position, view and method, the text studying, analyzing as well as appraising the problems of the right (power) conflict and relief in the course of villagers'self-governance.Considering the subjects'internal conflict during the self-governance is one kind of power conflict with another, the text define inner conflict as "right" conflict, while external conflict was called "power" conflict because every subject has authority.The text which taking the produce and develop path of present villagers' self-governance in our country as guiding ideology, and is on the basis of clear the intension of the system, analyzing the legal relation among villagers'committee, village meetings, lower-level governments'organization and village Party organization. Thereby, the article particularly analyzes the form of inner right conflict and external power conflict in the process of villagers'self-governance. Inner right conflict means the right conflict among villagers, committee of the villagers, village meeting and villagers'group. While external power conflict means conflict between autonomy and administrative authority which is caused by township local government's direct intervention on villagers'self-governance items, as well as the imbalanced relationship between villagers'committee and village Party organization. The author put forward to solve the inner right conflict problem by taking in judicial and intercessory relief. After the villagers' committee has been clear indicated as defendant, the conflict can be solved by administrative litigation. It mainly perfects itself in legislation and jurisdiction by making and improving basic laws, amending a constitution, administrative procedural law, criminal law and criminal procedure law, as well as taking full advantage of judicial interpretation throughout the transition period. On the problem of intercessory relief, it is advocated that people's mediation system is apply to deal with the right conflicts between villagers and villagers' committee. While administrative mediation is suitable to resolve troubles among villagers'group, village meeting and villagers'committee. Aiming at the external power conflict between villagers'committee and lower-level governments' organization, administrative proceedings can be used after the villagers'committee has been clear indicated as plaintiff. Similarly, mediation is also advocated in practice. It is suggested that perfecting legal system, clearing the power and responsibility between the "two committee", improving and developing Party's leadership in rural work, and structuring "two become one" scientific work system can been used to deal with the imbalanced relationship status between two committee in external power conflict.
Keywords/Search Tags:villagers'self-governance, inner right, external power, conflict, relief
PDF Full Text Request
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