Research On Guarantee The Villagers’ Democratic Autonomy Program Law

Villagers’ democratic autonomy is one of the important ways of grassroots democracy.It is also an important component of China’s socialist democracy and the rule of law.The implementation of more than thirty years to get good results, but the social transition period also exposed many problems and contradictions. Under the influence of social adjustment pattern of interests, the rights of the villagers consciousness, generally improve the quality of politics, law degree deepening of multiple factors, group events and more villagers held a meeting took place dismissal Village, the villagers collective petitions, etc., but also there are many contradictory yet been covered up outbreaks are also many believe, the villagers showed villagers’ autonomy in expressing opinion, there is still a gap between realized the system design and the actual implementation of the ideal effect villager autonomy in elections, decision-making, public, dismissed supervision process, due process, there are still displaced and lacking phenomenon, shocked the nation in Wukan village of Lufeng City, Guangdong Province, East China Sea town and marked the climax of the event, our villagers’ autonomy has long way to go.Where the right exist, it is often accompanied by abuses and violations occur. In the course of villager autonomy, but also when there is a democratic autonomy is being infringed villagers occurred, the typical tort depriving villagers to vote and stand for election, vote-buying, election violence, interference, etc., against the democratic right to vote and stand for election in the village; does not open village engage in public service or false, against the citizens ’ right to information; most of the villagers in the village committee members filed dismissal procedures, illegal disposal of citizens against dismissal supervision rights. However, when faced with the situation of these violations villagers’ democratic autonomy, often helpless villagers, NPC boundless, government disorder, the court weakness, democratic autonomy villagers can not get timely and effective relief and protection, the reason is to protect the villagers democracy proceedings of autonomy nothingness, blurred. From the program theoretical level, the rule of law challenges facing our country is lagging behind the concept of the program, lack of program theory. Despite the efforts of many scholars and social practice Forced appeal under the status of the proceedings have been greatly improved, theoretical research programs have made great progress, but not enough to simply reverse the "heavy entity, light program." the traditional thinking, instrumental status of the program has not fundamentally changed. From the procedural system level, the program does not establish a sound system related. From the legislative process, despite China’s three procedural been modified or are modifying legislative concept has been greatly improved, the scientific breakthrough on legislation, but still did not focus on the legal procedures to protect the villagers’ democratic autonomy substantive progress.