On The Villagers’ Self-management Regulation In The Visual Threshold Of The Soft Law

With the rise of public governance in the global scope, Europe has entered a “soft lawera”. Soft law is not mandatory normative document between EU member states, it aimed toachieve common goals in the public governance model, the states abide by the rules andfavored mutual supervision. Soft law governance is flexible management. In China, the riseand development of soft law theory is the innovation of public law theory, it is also a widerand deeper exploration and development of the law theory in the new time. Soft law theoryhas become a new paradigm of administrative law. Since the establishment of the system ofvillagers’ self-management, many scholars has focused on its concept, content, the villagersrights, but ignored the rules of villagers’ self-management which has been considered as “softlaw”. Under the background of the country governance changes into public governance, thetraditional hard law gradually shows many defects, and the villagers’ self-governmentregulation makes up for hard law in the village public governance.The charming and uniquesoft law undoubtedly has important theoretical value and practical significance to realisticneeds of rural public governance.This paper is divided into five parts. The introduction shows the current world andChina’s governance reform, the history of the system of villagers’ self-management, and therole of villagers’ self-government regulation in the development of Chinese law. Then, thearticle gives an overview on the theory of governance of soft law, describes the rise of softlaw governance theory and the breakthrough to the traditional law, so the conclusion is: softlaw is also the law which laid the foundation for the theoretical basis of the article. Thesecond part analyzes of semantic and significance of the villagers’ self-arrangement regulation,dissects its soft law attribute, draw the conclusion: the villagers’ self-arrangement regulationis a kind of soft law. Then the article reviewed the present research situation of deliberativedemocracy, which is the main mechanism of the formation of villagers’ self-arrangementregulation thorough analyzes its effect. The third part is the villagers’ self-arrangementregulation’s content and the effect. First, the article focuses on the central issues of rural area:rural economic system, urbanization, grass-roots democracy which includes democraticelection, decision, management, supervision and the power. The important part is the villagers’ power is not only considered to be power but also right. The article points out thatvillagers’ power is a kind of social power and how to use in the village. At the same time, thispaper also expounds the rights awareness is the key transformation of the villagers to citizensand how to protect the rights. The fourth part is the villagers’ self-arrangement regulation’seffectiveness and implement. First, the paper pays close attention on the implement and thesupporting idea: the villagers’ self-arrangement regulation is awareness of democraticconsciousness and civism. The second point is the conflict of the hard and soft law. This partpoints out that due to its limitation, the soft law governance also has some insufficiencies, inthe village governance not only should pay attention to governance of soft law, also does notgive up the hard law, they must work together. At last, the article analysis the implementingbody: the villagers, practical range: the village, implementation procedure: democraticparticipation, mechanism of communicating and coordinating, draws the conclusion thatcoordination can truly show the vitality of soft law in order to achieve the village governanceobjectives. The conclusion part basis on the power of the villagers’ self-arrangementregulation, it gives the prospect of civil society in the future.