On The Legalization Of The Operation Mechanism Of Village Committee

Since the birth of village committee as a brand-new grassroots autonomous organization in1980 s,village committee has become more and more common,with high attention paid to the operation mechanism of rule in village committee by our Party and Country.However,judging from the governance of China in transitional period during past 30 years especially such issues as formalism shown in disclosure of village affairs occurred in actual operation of village committee,non-normative in the procedure of democratic election,the paradox existed between village committee and villagers,which clearly demonstrates the loophole existed in rule of law in the operation mechanism of current village committee.Therefore,based on practice,comb through and summarize the issues in the rule of law of operation mechanism in village committee and their hidden reasons,and provide suggestions related to rule of law specifically,which not only assures that village committee,this institution with Chinese characteristics,effectively plays its own institutional value,but also bears a very important significance in reality for our Party and Country including key strategic deployment such as the construction of moderately prosperous society.This paper starts from the analysis of the economic and legal basis in the birth of village committee,expanding the argumentation from the following two aspects mainly via practical investigation and other empirical research methods from the perspective of rule of law especially the improvement of legal text.First,analyze the dilemma and its root cause in the operation of China's village committee.The dilemma it confronted are: formalism in the disclosure of village affairs,non-normative in electoral procedure of village committee,the conflict between the administrative right of grassroots governments and autonomous right of village committee,the paradox between village's two committees,as well as the paradox between village committee and villagers.The reasons for causing these dilemmas mainly include: the imperfection in national and local legislation,the excess interference in rule of law of village committee by grassroots governments and the weak awareness toward rule of law among villagers.Secondly,five countermeasures will be provided for improving the rule of law in China'svillage committee targeting at the dilemma in the operation of China's village committee and the reason for such dilemma: The first will be improving relevant laws of village committee operation mechanism;The second will be harmonizing the relations between township governments and village committee;The third is to strengthen the village “two appoint” self-construction;The fourth will focus on intensifying villager's education in democracy and rule of law;The last point will help strengthen economic strength of village committee.