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Villagers Autonomy Minority Rights Protection Case Studies

Posted on:2014-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z C WangFull Text:PDF
GTID:2266330425983140Subject:Law
Abstract/Summary:PDF Full Text Request
The village autonomy in China has a long history, and has the advantages of simplerule hierarchy, redundant, less power and low operation cost。Practice proved that it hasinherent rationality. The constitution of1982in our country clearly defines that thedemocratic election, the democratic decision-making, the democratic management, thedemocratic supervision are the main content of the villager autonomy system in the vastrural areas. Since that, the villagers’ collective management realizes the directdemocracy by the villagers self management, self education and self service. It plays apositive role in mobilizing the farmers’ enthusiasm, improving farmers’ democraticconsciousness. Therefore, because that relevant laws and regulations are not perfect, andthe villager autonomy rules, the norms of historical customs, traditional cultureinfluence are not working, villagers autonomous collective existence a relatively weakgroup, such as "married women","the door son-in-law" etc, their property rights areeasily subjected to unjust treatment. The current system can’t provide an effective wayto solve, so it led to this people begin the endless petitions, or even extreme violence,seriously affect the harmony and stability of the new socialist countryside. It could besaid thatstrengthen the "minorities" people rights protection has become one ofproblems of the current rural reform and development process needed to solving.Through detailing the reason of villager’s autonomy and the provisions of existinglaws and regulations,this paper defines concept of "minority" people in the process ofvillager autonomy. On the basis of equality theory and practical cases, this paperanalyses reasons of aggrieved "minorities" people’s rights in the implementation ofvillager autonomy, i ncluding the historical reason, the local government’s reason, lawsystem and the reasons for the quality of the villagers. The author suggests to admit andprotect the right of the "minority" from aspects of establishing the member right reliefway, create a good environment for the villagers’ autonomy, improve and perfect the reasonable villager autonomy relief system, and avoiding the majority of the minoritytyranny. Protecting minority rights will enable the development of grassroots democracymore extensive, more fully, more perfect, that is the comprehensive constructionwell-off society in the meaning.
Keywords/Search Tags:The autonomy of villagers, The minority, The right of members
PDF Full Text Request
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