The Reconstraction Of Villagers’ Autonomy Legislation

The villagers’autonomy, which began in the early 1980s, is a great achievement to the construction of ruial grassroots democracy in China. Its implementation has made profound changes to social governance mode in the rural areas, that is, the government delegates power to the villagers at the grass-roots level and the villagers manage their own affairs in the legal form in the rural areas, so as to really realize the aim that the farmers take their own leadership by themselves. Since 1987, as the basic law of the villagers’committee, the Organic Law of the Villagers Committees of the People’s Republic of China has played an important role in the smooth running of the villagers’ autonomy system. When it was first established, the nature of the villagers’committee was self-governed and endowed with too much power, thus, alienating the properties of the villagers’ committee, that is organizing. And to some extent, the villagers’ committee became government agencies at the local level in rural areas, and it made the villagers’autonomy become a mere formality in a certain degree. However, with the deepening of the villagers’autonomy in the national scope, the Organic Law of the Villagers Committees of the People’s Republic of China, based on the villagers’committee, has changed the disadvantages of the villagers committee. In addition, with the deep development of the rural economy, the current Organic Law of the Villagers Committees of the People’s Republic of China is flawed when dealing with the villagers autonomous transactions. If the above problems are to be solved, it is not enough only to improve the viilagers’committee, because facing the confused rural affairs, the regulation of the Organic Law of the Villagers Committees of the People’s Republic of China, which is mainly composed of the villagers committee, has been overwhelmed. So, this paper argues that to reconstruct the current Organic Law of the Villagers Committees of the People’s Republic of China rather than modify it on the basis of the so-called "clause". After reconstructing and refining the current Organic Law of the Villagers Committees of the People’s Republic of China, we can develop "the autonomy of villagers" so as to improve the system of villagers’autonomy law as well as establish the villagers’autonomy system with Chinese characteristics.