Research On Soft Law Governance Of Rural Community

Soft law governance has become an important path of social public governance. In the period of social transformation, in order to fully reflect the multiple demands, citizens need extensive public participation and equal consultation. In the rural social governance in China, hard law has played a stabilizing role. As an external epitome of villagers’ autonomy, a lot of soft law in rural society, such as the village regulations, community association, also contains a huge energy. Soft law governance, make up for the deficiency of the hard law, regulate the rural community governance system, improve the democratic participation consciousness of the citizen, the more effectively promote the autonomy of villagers and rural social legalization process. Therefore, research on rural community soft law and soft law governance, not only can further understand the hard law, but also fully recognize the legal practice of local China. So, what is the rural community soft law? Rural community includes how many soft law resources? What problems are the soft law governance facing? This thesis combines the empirical investigation of Zhejiang Province, and the analysis of typical countries outside the soft law governance mechanism, in response to the problems at the same time, try to build a rural community governance of soft law system, in order to provide the experience support for rural social governance.First of all, is the study of basic theory. Starting from that of rural communities and the concept of soft law, carries on the explanation to the connotation and extension of rural community soft law; then based on the governance theory, explain the rise of soft law governance and rural community soft law governance; then analyzes the necessity and feasibility of introducing soft law governance to rural communities.Secondly, is the part of empirical study. Select some rural communities in Zhejiang province to carry out practical research, analysis of the current China’s rural community legal system construction and the situation of community governance; analysis the governance of rural communities, causes and problems; and take the typical village for example, examine and weigh the current situation of rural community soft law governance.Again, is the comparative reference research. Summary and analysis the mechanism and mode of rural community soft law governance with EU, South Korea and USA, summed up the enlightenment of rural community soft law governance to our country.Finally, is the research on the construction of the system. Based on the idea of soft law governance, the subject of soft law governance, the mode of soft law governance, program of soft law governance, the content of soft law, the insurance of soft law governance, to build a soft law governance system of rural community with three bodies interact, contains the state, the collective organizations and citizens.