Main Conscious And Rural Areas Of The Rule Of Law

Since reform and opening up, the construction of China's rule of law in rural areas has achieved the great achievement, however, in the countryside the massive legal malfunction phenomenon still exists, so we have to reflect on the road of construction of the rule of law in rural areas in the past. Through carefully think and considerate, we will find that the construction is taking the advance of a national promoting road. This road is very important to the initial phase of the construction of China's rule of law, in particular to the vast rural areas which lacking of the soil of rule of law .It can quickly construct rural law order, cultivate legal talents, establish a legal authority, and play an indelible role. But this country has always regarded the rural farmers as a target or object of the rule of law, not able to give full play to farmers' initiative and creativity as the main body of the rule of law in rural areas. This paper regards the rural farmers as the main body of the rule of law, from the main body concepts, the main body demand, the main body participation aspects and so on to inspected the consciousness of the rule of law in rural areas in the hope of finding one new idea cohered with the rule of law of the nation promoting.This paper is divided into five parts. The first part obtains from the reality to inspect the countryside universal phenomenon of the legal malfunction, and analyzed the academic results of research on this phenomenon, and addressed the difficulties to solve this issue. The second part from the plight we faced start to reflect on the former road of building the rule of the law, while affirming the country promoting road of the rule of law on the construction of rural roads in the legal order, a legal authority, and promoting rural development of the market economy, improve the judicial system and the quality of judicial officers, the focus is that this road has disadvantages. The county promoting way of the rule of law excessively relies on national power, the country's legal system design and operation are, and farmers in the rural areas was regard as the object of the rule of law, and their initiative was ignored, so the legislation can not be a good reflection of the social change in rural areas, and the farmers ' inherent demand, and the implementation of the law was hindered which results in the universal existence of legal malfunction. The third part inspected the farmers' consciousness of participating in the building of the rule of law, from the main body concepts, the main body demand, the main body participation of farmers in the rural areas. And the main body includes the main body' economic demand , democratic demand , fairness and justice demand , emotional needs and so on . Against the problem of how to realize the consciousness of the farmer main body ,the fourth part stresses the important role that the villagers self-government organizations and migrant workers groups play in the achievement of the consciousness of the farmers' main body status ,while affirming the country's importance in awaking the farmers' main body consciousness .The main reason why the author choose the two object to study, for they are two typical way in realizing the consciousness of the farmers main body, one is "Endogenous", and the other is "Outsourcing". The villagers' autonomous organization is the farmers themselves realize consciousness through the creative practice, while migrant workers groups realize their consciousness mainly due to the impact of the urban environment, which incurs the internal demand and lead an active advocate of their rights. When discussing the villagers autonomous organizations' importance in realizing the main body consciousness, the author stressed its function in cultivating the villagers' awareness of freedom, equality, democracy, rights .The fifth part the paper is the foothold of the article, which stress the combination of the two roads that is the junction of the farmers' main body consciousness with national promotion. The author designed this part from five aspects, and point out that in the long run, the national promotion static's will still take the dominant position in the process of connection of two road. However, with the further deepening of the building of the rule of law in China's rural areas, the leading position will be altered by the consciousness of the farmer main body.