The Soft Law Governance In Filed Of Villagers’ Autonomous

There is a kind of norm in the round of our life, which has no legally bindingforce but nevertheless may have practical effects in special field that has somefeatures of a formal treaty. Those norms are called soft law. In the background of thepublic governance，soft law is gradually becoming an important and high frequentconcept. Soft law adjusts and evaluates people’s behavior, and points out a path tobuild up a harmonious society with ubiquitous norm. In the field of villagers’autonomy, governance relies extensively on soft law. In this complex and diverse andfast changing contemporary society, soft law fulfills large number functions of thevillage public governance, maintaining the village social harmony, and further has animpact on the development of rural social.In this period of transition of modernization, the uneven economic developmentand the multiple economic factors and benefiting subjects lead to the diversity-orderlystructure of villagers’ autonomy. This paper is based on the selection of the followingfour different administrative villages of Hunan Province, which levels differently ineconomic development. They are GuanLu Village of Rucheng County, Chenzhou City;ShangZhai village of Jiahe County, Chenzhou City; Ducks Shop Community ofHongshan Bridge Street of Kaifu District in Changsha City; ZuoJiaHe village ofNingxiang County. According to their economic development levels, social relationsconstitute and modes of processing village affairs, the author analyzes three modes.At the same time, this paper focuses on the analyzing of the theoretical feasibility ofsoft law governance in the villagers’ autonomy and the elaboration of the unclarity ofgovernance, the lack of democracy, the lack of rule of law and the deficiencies indefect of execution. These defects result in a dilemma of the soft law governance infield of villagers’ autonomous..A new mode of EU governance named open method of coordination (OMC) andthe public participation mechanism in Korean New Village Movement are initiated inthis paper to find a proper way of soft law governance in China. This paper proposesto ascend the existing village norm to a new soft law level by considering the nativeresources and actual conditions under the OMC. It also proposes to make clear thegovernance subject in villager’s autonomous, to establish the concept of democracyand rule of law, and to build a sound system of responsibility about soft law governance which corresponds with rural China in the mechanism of publicparticipation. Thus to improve the implementation force of soft law governance...