A Study Of The Regulations Of Villager Autonomy Legislation On The Clan Force Of The Village

The clan force of the village,bonded by blood and affnity relationships,is a group with relatively unified interests.It has been gradually formed along with the renaissance and expansion of the village clan system ever since the reform and opening-up in China.It is also accompanied by the implementation of the villager autonomy system.The two are both apposite to and independent on each other.The village clan force has both positive and negative influences on the villager autonomy system.On one hand,it contributes to providing economic mutual assistance and coordinating the interpersonal relationship in the countryside in the process of conducting the villager autonomy system.Furthermore,it helps to satisfy the public emotional and psychological needs of the villagers,enrich their daily cultural life,enhance the public authority of the government and provide social insurance for the villagers and so on.On the other hand,the clan members,for the sake of their own interests,illegally intervene in such villager autonomy activities as the democratic election,and democratic management.As a result,this hinders the implementation of the villager autonomy system.Therefore,for the smooth implementation of the villager autonomy system,it is necessary to make proper regulations on the clan force in the village.The village autonomy legislation has indirect regulations on the clan force of the village in the aspects of "near relatives","democratic election" and so on.However,these relevant regulations,whose constraining force and effects are far from strong,do not aim at the influences of the clan force on the village autonomy.As such,only by detailing the laws and regulations,improving the directionality and specificity of the village autonomy laws,absorbing clan standards,excavating the modern legal values of the clan behavior standards as well as insisting on the combination of legislation formation and implementation can the village clan force be governed in a better way and its negative influences on the villager autonomy system be weakened,and the implementation of the villager autonomy system be promoted in the vast rural areas in China.