Study The Question Of Penalty Pacts

Village regulations as a product of the rural villagers’ autonomy is no stranger to us，villagers assembly represent the will of the farmers and make villager autonomy articles ofassociation or village regulations，Fully embodies the rights of farmers as masters of thecountry to achieve self management. But in terms of legal principle, the rights andobligations with punitive terms are inseparable, besides they are common in practice.From a logical point of view, Many village regulations are forming with social structurechanges, aims to promote rural urbanization process. It is different in the policymakers,procedure and effectiveness between the village regulations and statute law, without aunified supervision and management system in the local government. It is easy to causeconflict with the states law, even violations of human rights.The paper introduced the basic theory of village regulations, legal attribute andfunction, the establishment and boundary of village regulations, the fusion and conflictbetween the village regulations and the statute law, the dilemma and the rule of the lawabout the village regulations. First, the paper introduced the concept, types, the sources oflaw and so on, as the theoretical basis for the further research. And then, through theanalysis of the legal attribute and function about village regulations, the paper put forwardthe question of the legitimacy of the village regulations. In the following part, the paperrelated the debate in academia whether the village regulations should be enacted, aimed atexploring the boundary of the village regulations. After the analysis of the boundary, thepaper had a further research of fusion and conflict between the village regulations and thestatute law. At last, the paper gave countermeasures and the rules of the law which aremainly based on special institutional defects of the villagers’ autonomy in China. In a word,we should change the mode of the government management in countryside, and improvethe initiative of people to participate in self-government to realize the true villagerautonomy system.