An Analysis Of The Application Of Administrative Contract In Rural Governance

Along with the extend of the direction in the deepening reform consistantly, the steps of governing a country by law has accelerated. But how to govern a village by law and make the village administration legally are what we need to deal with. During the two years as a village officer, the writer also thought about the relationships between the documents of responsibility and the goerning by law.According to the studies about the documents of responsibility in AI JIA YING villagers committee and LU BIAO subdistrict office, and based on the analyse about the related social reality, we can notice that the key point in the countryside politics and villages governance is the township government manage the villagers committee. The double paths management that we now take means that the party organization and administration organization will manage the affairs, particular on the documents of responsibility. Through amount of cases, we can draw a conclusion that the document of responsibility between township government and village committee has a different character from that with other administaration departments, and its character is like the administrative contract, and they are proved to be the same.This kind of administrative contract has apperared characters as follows in the process of application: the first is beyond the rules by the law, which results the unclearness between the village affairs and the government affairs; the second is that the township government beyond the duties, compulsorily classified the relationships with the villagers committee into the legal relation in order to handle it with the administrative contract; the third thing is because the lack of direction consent, there is less support among the public, which will increase the difficulty in the process of implement; the fourth, since there is no remedy mechanism, the villagers committee has no ideal but to forward the extreme direction.All these factors affect the autonomy of villages and the government of village by law, and the root cause is the inner contradiction among the national administative power, village’s autonomous right and the village’s private right. In this paper, writer will take three steps and from four aspects to indroduce. The establishment of the administrative contract must according to the law, and the management of private relationship need to innovate, law is something that must respect and have no reason to over or violate; during the process of implement, the direct participation of the contract needs to realize, and expand the public basis, in order to strength the initiation of the complement, so that all the villagers will make the great contributions to the village in an acceptable range; when the remendy is needed, there must be a fair way to solve it, making sure that it has the possibility to sue, then the administrative contract will be governed by law, and making the rule by law come into the reality..