The Rosearch On The Legal Security Of Rural Social Management Innovation

China is in a critical period of economic and social transformation, rural social management facing many challenges, urgently be strengthened and innovated. The innovation means breakthrough, must set reasonable boundaries and paths. Under the guidance of the rule of law as fundamental strategy, the law can provide basis and guarantee for the rural social management innovation, and guide it wi th major. In practice, however, there are some specific legal issues should to be solved, which are not suited to the reality needs for the strengthment and innovation of rural social management.This paper defined the rural social management innovation legal security connotation. Starting from the logical structure of the rural social management innovation legal security, study the concept of rural social management innovation and the position and function of law in the rural social management innovation respectively. The former is mainly through the comparison and analysis for Euramerican, the former Soviet Union, Eastern European and Chinese scholars’ theories about social management innovation to summarize and proposed the concept of social management and rural social management innovation; the latter expounds the basic status of law in rural social management innovation at the theoretical level, and demonstrates the irreplaceable security of rural social management innovation offered by law at the practical level. This paper expounds the achievements of three phases of starting, destruction, reconstruction that China’s rural social management, innovation legal security system experienced. Each phase’s development process is to realize the adjustment of social management system by legislation, reform, and abolishment of laws, policies, and systems. This recognition and security of law to social management system innovation are concentrated expression of important role in safeguarding social management innovation. Up to now, China’s rural social management legal system has been basically established, which is fully embodies respects and protects the fundamental interests of broad masses of peasants and promote the reform of the rural social management system.This paper researched the lack and defects of rural social management innovation legal security system at this stage. Generally speaking, there are some problems in China’s rural social management innovation legal security system such as the lack of adaptability to the socialist market economy, the normalization of law needs to be improved, the poor response to the outstanding problems of the rural community, and out of touch with the rural social realities. Specifically, in terms of grassroots self-government, rural autonomous legal system is flawed, main body of collective property management right is not clear, autonomy supporting measures are not in place, and the autonomy is eroded by violations. In rural land management, land expropriation legal system is difficult to balance the conflicts of interest and the land contracting and operation legal system is fall behind. In terms of rural social security, the long-term mechanism to ensure that the rural social security funds will continue to invest is unsound, the scope of social security is narrow, and the effective supervision to the implementation is insufficiency. In rural contradictions and disputes resolving, the petition issues increased in rural areas, and social law-and-order situation is grim. According to the existing problems, some suggestions to improve the rural social management innovation legal security system have been proposed, including that the overall advancement of the legal construction in rural areas, perfect legal system of villagers’ autonomy, strength the legislation to protect farmers’ land rights and interests, speed up the pace of rural social security legislation, innovate the rural comprehensive management and stability maintenance mechanism, and improve the ability of cadres and masses to innovate social management.