Research On Judicial Review Of Village Regulations

The village rules and regulations are an important part of villager autonomy.It has the characteristics of mass,legitimacy,pertinence and normativeness.It is an important form of implementing village self-government,self-management and self-education.The village rules and regulations are essentially one of the "establishing various codes and conventions in urban and rural areas" as stipulated in the first paragraph of Article 24 of the Constitution,and can play a very important role in grassroots governance.The village regulations are rich in content and diverse in types,including neighborhood relations,environmental protection,marriage and family.As a guarantee for the rights of villagers,the content reflects the spirit of democracy,the spirit of the rule of law and the spirit of guarantee of rights.It also stipulates the rights and obligations of the villagers and becomes the code of conduct that the villagers abide by.Due to the dual opposition between village self-government and state rule,villagers often have many conflicts with national laws in the process of passing village autonomy,which is particularly prominent in judicial practice.Many cases concerning the village rules and regulations in judicial practice are the villagers' committees infringing on the basic rights and interests of the members of the village collective economic organizations,especially those such as rural women and children.The rights they enjoy are passed by village committees.The deprivation of the civil contract created an unfavorable situation in which the majority violated the rights of the minority.At the same time,due to the existence of village self-government,the judicial relief of the villagers' rights has been hindered to a certain extent.The villagers' rights relief channels are only the way to seek help from the township government.Taking into account the "defective relationship" between the township government and the villagers' committee,it is also difficult for the villagers to use this remaining relief method to seek settlement of disputes.At this time,the judicial review of establishing village rules and regulations is of certain practical significance.The judiciary can use its judicial power to supervise the villagers' self-government in the effective operation of national laws and regulations,and on the other hand urge the government to actively perform its functions.To establish a judicial review system for village rules and regulations,it is necessary to grasp the basic principles of censorship,clarify the mode of censorship,establish the content and procedures for censorship,master the censorship standards and handle the results,so that the judicial power can be appropriately intervened in village self-government,and clarify state power and village self-government.The relationship between the state law and the village rules and regulations,respect and protect the legitimate rights and interests of the minority,and resolve the dispute at the grassroots level,correctly understand the basic connotation of villager autonomy,and then promote the rule of law and standardization of grassroots governance.