A Study Of Village Regulations And Non-govermental Agreements Of Shui Nationality In San Du County,Guizhou Province

With the advancement of the rule of law, the law gains popularity at the grassroots level, make basic laws and regulations, especially in ethnic minority areas universally applicable. With the advantages of stability and universality, national law continuously emerges faults when applied in minority areas due to the particularity of minority culture and the diversity of their realistic life. Traditional customary law is easy for villagers to grasp and master since it origins from daily life. However, strict procedural and mandatory, law has certain influence on the social orders of minority nationality areas in long-term process.Part of village regulations origin from ethnic minority customary law which makes it familiar with villages and easy to use, and it has important cultural basis in the rural social order management. Village committee members in minority areas are elected by the villagers according to electoral law, therefore it has a close relationship with villagers and it plays an important role in maintaining village order by applying state law. Village committee alternatively and comprehensively adopts folk law and national law in their work to make village regulations easier to abide by and apply, and the disputes of village are also easier to get resolved after being adjusted by village regulations, which is of great significance to maintain the traditional social order in rural areas.Before the national law has not completely controlled rural order and national customary law has not yet been completely subsided, the study of village regulation which has the connotation of the national customary law and supported by the government makes traditional customary law recognized by modern civilization in the new sense. Law is constantly improved in the grassroots, and the public continually strengthen their legal concept and legal consciousness. However, due to law characteristics and the public legal quality, the formation of the rule of law thinking requires transforming from traditional thinking to modern one and inputting fresh blood of democracy and rule by law in such a semi-acquaintance society. In such a background, the village of minority nationality areas of research and analysis, it is of great significance to apply village regulation a in maintaining good social order in ethnic minority areas of and implementing the rule of law.Shui minority is one of the important ethnic minorities with characters in China and is endowed with rich aquatic splendid culture and unique customary law during the historical development. Its demographic areas, Sandu area also has different characteristics in their village regulation and non-governmental agreement.Under the new normai, studying the village regulations in minority areas and exploring its content and function not only endow village administration in minority areas with new sense in the rule by law environment, but also facilitate village regulations in minority areas to offer important local resources for enriching and developing special Chinese legal culture as well as offer significant value to its perfection and development.This article is divided into introduction and the four parts. The introduction part introduces the reason of topic selection, the research status at home and abroad, research methods and measures as well as the choice of research object.The first part deals with the overview of village regulations and will analyze the definition and properties of village regulations, introduce its development history.The second part introduces village regulations formulation and content of Sansu Shui minority and makes analysis of regulations of village regulations on village secretary and village committee, to further analyze the enactment subjective of Sandu village regulations, its influential factors and its formulation procedures. It will introduce the content of village regulations on forest protection, environmental sanitation, public security, fire prevention, and public order and good custom and so on, and make an analysis of how village regulations are applied in solving disputes. Through instances in investigation, the paper will figure out the function of village regulations.The third part introduces existing problems when applying village regulations in solving disputes in sandu shui village. It will conduct discussion on the adjustment between Sandu village regulations and national law, describes the existing conflicts and complementary and build national law and has the common law of aquatic animals of village to create a society under the rule of law demonstrates the necessity and feasibility.The fourth part puts forward to solutions for village regulations in Sandu Shui minority. The village regulations should pay more attention to Shui minority environment and is closely associated with Shui minority traditional culture to makes it abided by the villagers voluntarily. Embodied in four aspects:firstly, village regulations should be the standard of villagers for self management, self education, and self service, in order to maintain good village order; Secondly, village regulations should be applied in solving villager disputes to enrich the ways of solutions; Thirdly, it should promote the function of democracy at the grassroots level governance to make villagers enjoy the fruits of democracy and the rule of law in the process of formulating village regulations and conscientiously perform their contracts so they can become the policymakers and practitioners of village regulations; Fourthly, it should fully apply village regulations in handling national affairs, reasonably and effectively balance the interests of all parties and mobilize various aspects strength to efficiently deal with national affairs.