Research On The Public Law Governance Of Group Events In The Perspective Of New Rural Construction

The new rural construction is the national rural construction policy since the Communique of the Fifth Plenary Session of the 16th Central Committee of the CPC, and will be in a coordinated promotion in the future with the construction of new urbanization of countries.The new rural construction is the construction on the rural land,compensation disputes and procedural issues arising because of occupation of land is an area of high incidence of group events.To achieve its governance is the foundation to protect the rural harmony and stability and the rights and interests of farmers,and also has the significance of reference to the construction of the new urbanization.The thesis based on the author’s investigation about North village group event caused by the new rural construction as the typical example,to explore the public law governance of the group events in the perspective of the new rural construction,combined with the spirits of the Communique of the Third and fourth Plenary Session of the 18th Central Committee of the CPC.By the methods of field research,in-depth investigations in North village,and story-telling approach,the thesis is thick description of the North village case,and detailed display the social and economic changes of the new rural construction group event in North village and three years of visits, aggregation process and the parties’attitude and behavior choice involved in the current system,and to reflect this case from three aspects: the repressive model of disposition of the group event;the relationship among the villager group, villager committee and the township government; the group visits and its deviation issues from the rule of law in practice.Faced with the group event,the repressive model of disposition in the pressurized type system environment use the management theory on the administrative law as the theoretical basis based on suppression, dominated by leaders will consciousness, take law as the tool, is committed to building the rigid and stable social order, the pursuit of quick disposal of mass incidents. But in this disposal mode, village, township government and superior government launched a "governance and visit cycle" alternately, the result is exacerbated the crisis of legitimacy of the party and the government governance, the loss of judicial authority and credibility, desalination of the rule of law idea and consciousness, the rule of law territory atrophy, petition governance costs increase, the final the group events is not good governance.Based on the limitations of the crisis of legitimacy of the repressive mode of disposal, responsive model governance came into being,The administrative law of "balance theory" as the theoretical basis, relying on the system of the deliberative democracy, rule of law is the responsive ways of thinking and the rule of law to realize the social governance mode of governance. It emphasis on response to the demands of the other party,in accordance with the law, deliberative consultation,committed to building a toughness stable social order,and has great value and significance in the governance of contemporary social group events.And this model has the feasibility under the establishment and development of the deliberative democracy in our country, the rule of law identified as the basic way of governing,and the new changes of letters and visits appears.To realize the goodness of group events should abandon the repressive model of disposition,and instead of the responsive model of governance the rule of law and the rule of law to the governance mode of thinking, this is the fundamental change of state in the governance of group events, and also an important manifestation of promoting the national system of governance and governance ability of modernization.In summary, it is to build the public law governance mechanism of "one body two wings".One body"means in response to the type of the responsive model of governance as a guide, promote rural governance under the rule of law, pay special attention to the rule of law in the countryside, in the rule of law thinking and way to realize the governance of rural affairs; "two wings"mean on the one hand should build a scientific and democratic villager autonomy system, implement villager groups autonomy,define the relation between the villager committee and the villager group according to the law,and at the same time, rationalize the relationship between the township government and the villager committee, villager group, constraint administrative power according to law and orbit, in order to achieve the group self governance as the breakthrough point, and drive the administrative village villagers autonomous purpose;on the other hand should promote the scientific transformation of the system of letters and visits,introduce the letters and visits into the orbit of rule of law,let the public lawyers fully participate the rule of law reform of the letters and visits,and play the promoting role in the governance of group events,to resolve the problem of the system of letters and visits.The key to achieve the rule of law of the rural group events in the perspective of new rural construction is to promote the construction of rule of law of the villagers autonomy and the system of letters and visits.