Exploring The Legalization Of Chinese Countryside: From The Angle Of Jurisprudence

This article tries to discuss the dilemma of“the delivery of law to the rural areas”and reflect the construction of law rule system in Chinese rural society from the pointof entry of“the delivery of law to the rural areas”.Chinese village has not been theTraditional Native Soil which is described by Hsiao-tung, but a new folk society inwhich village is becoming opening and atomic; the interpersonal and familyrelationship is gradually rational.The thinking pattern of “rural administration” whichis followed in the practical activity of “the delivery of law to the rural areas”, which isthe principal theme of disseminating the law, causing the dilemma of effectivenesslosing of the dissemination.The changes of country side provide the foundation oflegal growth,and the condition for the transformation from transportation of law towelcoming the law.Government shuould futher the legalization of countryside,by theconstruction of villagers’ subjective character and the interaction between the stateand the village.The article can be divided into four parts except the introduction and conclusion.The first part is the analysis of the activity and its necessity of “the delivery oflaw to the rural areas”. The purpose of “the delivery of law to the rural areas” is tomaintain the stability of the rural order, and also to be a project of simplification andnormalization of the state. The dissemination of law is the primary activity of “thedelivery of law to the rural areas”.The second part tries to discuss the dilemma of “the delivery of law to the ruralareas”,comprising:the tension between national law and the folk knowledge, thevillagers’ choosing of laws, the unidirectional action which is called “governance ofvillage”, and the formalization of disseminating knowledge of the law.The third part of the analysis paid close attention to development of Chinesecountryside since the project of law spreading among the people beginning. Thespecific performance: the expansion of rural autonomous organizations, the familyrole centralization, the decline of village’ authority, villagers’ live rationalization.Meanwhile, the present situation of the modern legal in the country has also changedby market economy, the village education and massive media.The fourth part of a discussion on the path of the countryside constitutionality,and points out that the transformation of the idea of countryside constitutionality: from ruled to self-management; Explore for constructing the idea about mastership ofthe villagers, promote the countryside democracy; reducing the disturbing ofgovernment, to strengthen the cooperation of government and social.