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Discuss On The Modification And Perfection Of Chinese Organic Law Of Village Committees

Posted on:2017-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:L D ZhaiFull Text:PDF
GTID:2346330488972696Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"People's Republic of China Organic Law of Villagers' Committee"(hereinafter referred to as the "Organic law of village committees") formally promulgated since 1998 has undergone changes in 2010, which is the villager autonomy system to gradually improve the process. New Era, the construction of rural grassroots democracy to improve the socialist legal system put forward higher requirements, "Organic law of village committees," based on the social basis of the changes revealed reliefs and disadvantages with the times. This article is based on attempts made to improve the "legal basis of the villagers themselves to improve and perfect the system of villagers' autonomy writing purpose, be focused on the analysis of the" Organic law of village committees, "their own problems, and to explore the causes of the problem on Committee organization law, " the recommendations.The basic idea of writing this article in accordance with "syllogism" writing methods(namely to questions, analyze and solve problems), the article is divided into four parts. The first part is the historical evolution of "Organic law of village committees," is analyzed and found to be produced by its legal value, and analyze on the "Organic law of village committees" to modify the background and content of the two aspects, try based on space exploration and to amend the law to improve the direction of "Organic law of village committees," and prepare for the next problem analysis; the second part is after "Organic law of village committees," there are still problems to modify legislation from pattern and legislative analysis of two aspects, mainly in the former legislation does not regulate the language and the "Organic law of village committees" exists in the name of the Organic law of the line real substantive law of conflicts and other issues as the focus of the analysis, the latter mainly from the villagers' self-government organization. the lack of legislative system, legislative system of villagers' autonomy rights legislation and inadequate protection of the rights villager autonomy system deficiencies three aspects are analyzed from the perspective of a more comprehensive inquiry "Organic law of village committees", the problems one by one to find out countermeasures; the third part is to analyze the reasons legislation flawed "Organic law of village committees" arising from the root has made to the legal structure of the legal defects and run social environment both inside and outside for the start point; the fourth part is the focus of this article, it is for the "Organic law of village committees" perfect countermeasures and Suggestions, is in the second part of the problem with reference to the order of one by one on the basis of the analysis. Mainly from the villagers' autonomous organization organization system, the villagers autonomy system and guarantee system from three aspects of the villagers' autonomy, strive for the perfection of the "Organic law of village committees" more complete suggestion is put forward. In addition, the article conclusion part on the basis of perfecting the villagers committee proposed to establish the idea of the law of villager autonomy, and the necessity and feasibility of setting two aspects has carried on the simple analysis.By analyzing more than four parts, this paper aims to contribute to improve and perfect our socialist legal system of villagers' autonomy system a modest, in order to promote the construction of grass-roots democracy in rural development, the villagers realize fundamental return individual value.
Keywords/Search Tags:Organic law of village committees, villagers' autonomy, law of villager autonomy, endogenous order
PDF Full Text Request
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