Research On The Judicial Application Of Village Rules

The village rules refer to the social norms of regional validity that the villagers have agreed to public affairs in order to achieve self-management within a certain range of villages.The village rules have a long history in our country,and it is also an important way for the current village to achieve self-management.The research on the relevant issues arising from the application of the village regulations in the application of the judiciary helps to harmonize the relationship between the village regulations and the national laws and regulations.It is also a question of whether the judiciary can provide a strong guarantee for the strategy for the rejuvenation of villages.As a criterion of rural self-management,village regulations and civil laws have some conflicts with national laws and regulations,which has further led to related problems in the application of justice.Judging from the legal nature,although village rules and regulations do not form part of the national legal system and cannot be used as a direct basis for judicial decisions,as a form of “soft law”,they have been recognized by relevant national laws and regulations.The scope of effectiveness should be recognized.In the judicial practice,our country's judicial litigation cases concerning village rules and regulations have the basic characteristics of being more and more in the south,covering a wide range,relatively concentrated in the types of cases,and the problems are more complex.There are also problems such as the conflict between village regulations and national laws and regulations,the inconsistent judicial application standards of village regulations,and the lack of judicial review of village regulations.The causes of these problems are fundamentally based on the natural conflict between national law and folk law on the one hand,and the limited nature of judicial power on the other.The application of village rules should adhere to the three principles of adhering to the judicial application of the village rules and regulations,accurately grasping the scope of powers and duties in the village regulations,and strengthening judicial review of village regulations.At the same time,it also puts forward the key points for the formulation of the village rules and regulations and the legal rules,practicality,and sound procedures,hoping to effectively solve the problems of the village rules and regulations in the judicial application.