The Legal Protection Of Villagers’ Self-government Of The Minority Areas

The villagers’ self-government of the democratic political process is which hasbeen clearly reflected in the report to the Party and18. Therefore, from the legal aspectsof the regulation and protection, it is very important and necessary. The grassroots rurallegal system has been the weak link in China’s legal construction democratization,especially rural ethnic minority areas. I combine the case of the Xiangxi Tujia and MiaoAutonomous Prefecture in the villagers’ autonomy practice, based on the analysis of thecurrent situation, focusing on the problems cause analysis, and proposed thecorresponding solutions, and sincerely hope to be able to put into practice, to force buildthe scientific development and the rule of law in China’s villagers autonomy.The first part of the historical origins of the villagers’ autonomy is from furtherclarifying the evolution of China’s villagers autonomy veins Road. Second, from a legalperspective elaborated the definition of the nature and the main body of the villagers’autonomy. Pointed out that the villagers’ self-government is recognized by theConstitution, the law, the villagers and their autonomous organizations in accordancewith the law through democratic elections, democratic decision-making, democraticmanagement and democratic supervision of the way, the village public affairs andpublic affairs shared governance, and at the same time responsible for their actionskinds of legal systems; villagers autonomy is a constitutional right of the country givento the villagers; the villager autonomy of main villagers collective. Third is the analysisof the legal value of villagers’ autonomy. Pointed out that the order is a fundamentalvalue of the autonomy of the villagers; freedom is the main value of the villagerautonomy; utilitarian value of the scalability of the villagers ’autonomy; justice is theultimate value of villagers’ autonomy.The second part of the Xiangxi Tujia and Miao Autonomous Prefecture, forexample, villager’s autonomy status quo for minority areas were investigated. Generallyspeaking, the basic autonomy of villagers in ethnic minority areas in China has beenestablished, but many problems still exist in the democratic elections of villagers’autonomy, democratic decision making, democratic management and democraticsupervision, as a member of the family Authority villagers vote trading and blindness,"empty nest village villagers democratic participation, enthusiasm is not high, plusvillages evil intervention, the village committee ultra virus arbitrary supervisionmechanism is not sound, these have not been caused due to the effect of the villagers’autonomy fully embodies and play the need continuous improvement and upgrading.The third section analyzes the legal reasons that affect the autonomy of villagers inethnic minority areas. Consisting mainly villagers inherent in the traditional concept ofthe lack of awareness of the law, as well as imperfect legal system, and the right to relief the legal deficiencies of these factors together caused the plight of China’s ethnicminority areas villager autonomy.The fourth part, combined with the case of Xiangxi Autonomous Prefecturepractice profiling the villagers autonomous legal protection of China’s ethnic minorityareas on the basis of the problem, the author proposes appropriate measures to improveand focus include: First, train the farmers’ awareness of the law and awareness of theirrights; Second, from the perspective of the Constitution, the Organic Law of Villagers’Committees, Criminal Law, and local laws and regulations specific systemimprovement program; proposed the concept of judicial relief measures, includinglitigation and non-litigation resolution mechanisms, to gather up the positive energy ofthe villagers to safeguard their legitimate political rights, promote the development ofChina’s harmonious society, the rule of law society in depth.