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Research On The Implementation Mechanism Of The Village Regulations And Rules In Grassroots Autonomy

Posted on:2020-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiuFull Text:PDF
GTID:2416330572494317Subject:Constitution and Administrative Law
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Rural governance,effective governance is the key.The modern rural social governance system adheres to the combination of autonomy,the rule of law,and the rule of virtue to ensure that the rural society is full of vitality,harmony and order.As an effective means of governance for grassroots autonomy,the village rules and regulations have a positive effect on solving the predicament of grassroots self-government.This paper aims to analyze the effective implementation of village regulations and rules in the practice of grassroots autonomy.By expounding the theoretical basis and realistic conditions for the active role of village rules and regulations,the implementation mechanism of village rules and regulations is constructed in detail,and the implementation mechanism of village rules and regulations in the practice of grassroots autonomy is systematically explained.This is of great significance for strengthening and deep understanding of the village rules and regulations,as well as accurately grasping and applying the village rules and regulations to solve the predicament of grassroots self-government.This article is composed of six parts:The first part,introduction.The introduction contains two parts: the question and the literature review.In the proposal of the problem,the dilemma of grassroots autonomy is reflected through actual cases,and the reasons for its predicament are summarized into two aspects: the fuzzification of law and the tendency of legal instrumentalism.It is proposed that the grassroots autonomy dilemma can be solved through the form of village rules and regulations.Then,the research results of the relevant village regulations at home and abroad are sorted out and summarized.The second part is the meaning and characteristics of the village rules and regulations.First of all,the definition of village rules and regulations is: the village rules and regulations refer to the social norms in the form of texts that the villagers have reached in accordance with the agreement on the matters related to daily production and life.The village rules and regulations are compared the meaning with the traditional township regulations and the village autonomy regulations.Then there are two main characteristics of the village rules and regulations.The "Folk law" is a formal feature,and the "Living law" is a substantive feature.The third part is the effective premise of the village rules and regulations as an implementation mechanism.The effective premise of the village rules and regulations as an implementation mechanism can be divided into two aspects: theoretical basis and realistic basis.First,in terms of theoretical basis,soft law theory and mechanism theory are applied.Second,in terms of the reality,it is divided into two points: At first,there is an inseparable natural connection between the village rules and the grassroots autonomy;secondly,the village rules and regulations are in line with the requirements of the modern rural governance system.The fourth part is the core composition of the implementation mechanism for the village rules and regulations in the grassroots autonomy.The paper analyzes the core components of the implementation mechanism of village regulations and rules: First,the effective implemental way of village rules and regulations is based on the consent of the villagers.The author discusses the three aspects of the consensus premise,the consensus performance and the consensus result.Secondly,the effective implemental form of the village regulations is a written form.The existence of the village rules and regulations can be divided into written and unwritten forms according to whether they are written or not.The villages and villages in written form is of great benefit to the development of semi-acquaintances with heterogeneous factors,the effectiveness and fairness of the implementation of village regulations and rules,and the unwritten forms of village regulations and rules that are generally observed should belong to customary law.Thirdly,the effective implemental mode of village regulations and rules is the interactive mode of village regulations and rules and grassroots autonomy.Firstly,it introduces the content of the interaction between village regulations and rules and grassroots autonomy that is,grassroots autonomy is the basis for the village rules and regulations,and the village regulations and rules are the concrete realization of grassroots autonomy.Secondly,it compares the two modes of solving the predicament of grassroots autonomy-the general solution mode and the interactive mode of the village regulations and rules and the grassroots autonomy,and reveals the inadequacies of the general solution mode,,which is a solution of generalization,generality and fixedness.In contrast,the superiority of using the interactive mode is a concrete and actionable method,and it is time-sensitive.The fifth part is the realization path of the implementation mechanism of the village regulations and rules in grassroots autonomy.This part combines typical cases,and uses the implementation mechanism behind the successful practice of village regulations and rules,and proposes the solution to the predicament of grassroots autonomy,which is summarized as the connection between the implementation of the village regulations and rules and the national law and the improvement of grassroots autonomy.In the effective connection between the village regulations and the national laws,the specific practice is divided into two points.On the one hand,the content of village regulations and rules will integrate the national laws and policies,and on the other hand,the state power organs respect the implementation of the village regulations and rules.In terms of promoting the improvement of grassroots autonomy by means of village regulations and rules,there are two ways to do this: First,formulate a small-scale power list at the village level in the form of village rules and regulations,and regulate the exercise of grassroots autonomy.Second,by encouraging villagers to participate in the formulation and practice of village rules and regulations,the villagers' awareness of the rule of law is raised and the foundation of grassroots autonomy is consolidated.The sixth part,the conclusion.Summarizing the whole thesis: Based on the theoretical basis of soft law theory and the realistic foundation of the symbiotic relationship between the village regulations and rules and the grassroots autonomy,the implementation mechanism for the village regulations and rules is composed of the villagers' consent,the written form of the village regulations and rules and the interactive mode of the village regulations and rules and the grassroots autonomy,and the realization of the path is to complete the connection with the national law and improve the practice of grassroots autonomy.
Keywords/Search Tags:village regulations and rules, grassroots autonomy, implementation mechanism
PDF Full Text Request
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