The Discussion Of The Essence Of Village Self-governance

Self-governance by villagers is one of China’s grass-root democracy patterns. As the solid foundation of our democratic politics, it plays a crucial part for the progress of China’s democratic politics, however, the current academia’s views to the essence of self-governance by villagers fall into a misconception that they believe this system belongs to the category of public laws, thus leading to the dilemma of studying the system of self-governance by villagers through public laws. This thesis aims to give a detailed analysis to the original intention and governance structure of the design of this system, in turn to work out the private law proprieties of self-governance by villagers, which essence is actually unity autonomy.This thesis studies self-governance by villagers from the point of private laws, restoring the essence of this system from a different perspective, which will provide theoretical support to further research of self-governance by villagers as well as beneficial references to the legislation of this system. In addition, by reconstruction of self-governance by villagers, this thesis gives a new design to the schema of self-governance by villagers, which will be more adaptive to the diversified development of self-governance organization in rural areas, and will go all out to safeguard the interests of the main body of villager’s autonomy.According to current legislation, the affairs managed by villages committees are restricted only to "public affairs of the village", to this end, the system of self-governance by villagers, which depends largely on the study method of public laws, directly adopted the village committees by the theory of people’s sovereignty which is mainly used to the governance of national affairs. The villages committees are consequently substitute the original production brigades under the system of "social unity government". In practice, villages committees act as village-level governments which are in charge of almost all the village affairs. However, in reality, public affairs in rural areas is nothing but diversification, and villagers usually establish relevant organizations to manage different village affairs, thereupon, it is quite controversial for village committees’in charge of all the social affairs comprehensively. As a result, villagers’enthusiasm to vote for the villages committees remains at a low point, and the implementation of The Organic Law on the Village Committee is not always to the satisfaction.Influenced by the research method of public laws, villages committees’ internal dissensions always try to find a way out by means of public laws, with administrative litigation as the main choice, however, villages committees are actually not the state organs, thence, it lacks the support of theory to solve village committees’internal dissensions by way of administration. What’s worse, there is no clear regulations of current legislations to village committees’internal dissensions, many dissensions cannot be solved by resorting to judicial ways, thereafter, the villagers usually solve these matters by petitioning in groups or even sitting quietly, demonstration, or gathering a crowd and make disturbances, it is obvious that this situation can do no good not only to the protection of villagers’interests, but to the lasting stability of the rural areas.