The Legal Counter-measures To The Functional Changes Of Village Organizations And The Balance Of Interests

Based on the distribution changes of economic resources before and after the earthquake in Sichuan, this study aims to explore the causes and ways that lead to the functional changes of village organizations and the changes of interest structures caused by functional changes. This study also tends to analyze how to balance and coordinate the changes of village organizations’ functions and that of the interest structures in social grassroots governance. Hence, the author presents some suggestions with universal significance to governance structures and systems of village organizations in China based on the studies in disaster area after Wenchuan earthquake.In addition to Introduction, this study is organized as follows:PartⅠ:Economic resources and villager self-governance patternAccording to some scholars, village organizations can be divided into the motivating and distributive economic organizations based on the amount of economic resources, which results in the different forms of action. This section analyzes the influences of the changes of economic resources on villager self-governance, as well as the ways to run under the particular economic resources conditions.PartⅡ:Changes of economic resources and establishment of villager self-governance capacityThis section first investigates the distribution changes of economic resources in the disaster area after Wenchuan earthquake, and then observes the influences on villager self-governance capacity, and thus the relationship between the changes of economic resources and establishment of villager self-governance capacity can be explored. Part III:Changes and adjustments in the interest structures of villager self-governanceFirst, this section focuses on the changes in the interest structures of villager self-governance caused by Wenchuan earthquake, and then observes the conflicts and adjustments between the country and villagers, village organizations and villagers, and even among villagers in the changes. Finally, it’s found that national laws and policies have greater influences than the villagers on villager self-governance.PartⅣ:Status of village organizations and reset of control rangeIn the disaster emergency phase, the country pay more attention to the efficiency and speed of disaster relief, the control range of village organizations is greatly narrowed, village cadres are basically changed into executors from a higher-level government. Although this can lead to rapid and steady results in the catastrophe, it also results in the dependency of village organizations on the rights pattern caused by emergency system after the emergency phase. Therefore, in the reconstruction phase, the dependency should be changed, self-governance capacity strengthened, control range expanded, and in the end, some suggestions are presented.The research methods:in order to obtain the above results, the author uses the sociology of law, comparative law and other research methods. Sociology of law in this study enables it to obtain the materials and data that can be observed, which makes the study more practical. Comparative law makes the system analysis more standard. The research thought in this study is to closely go around the core variable---economic resources, to observe the platform---village organizations, where the country and the villagers merge together as main subjects, and observe the integration of order and interest making use of the platform.Innovation of this study:First, the research is based on the investigation in disaster area after Wenchuan earthquake, therefore the information obtained is first-hand. Second, sociology of law is used to study the legal systems. Third, making use of the great changes after the earthquake, combining theoretical research and practical observation systematically and instantly, it can be access to basic theories and new discoveries, descriptions and interpretation of the new rural construction. Difficulties in this study:First, the sample has limitations. Although changes in Wenchuan earthquake are instantaneous and convenient to study the functional changes of village organizations, it is lack of variance analysis of consensus. For example, it’s hard to systematically compare the differences in the function of village organizations and villager self-governance among coastal well-off villages, poor villages and medium wealth villages, for data collection is difficult. Second, there are considerable obstacles in research logic between the microscopic behavior of individual thinking and the abstract and specific research model of the main subjects. For example, it’s difficult to distinguish the village mayor’s personal behavior and the behavior of village committee during the reconstruction process.