Research On The Litigation Relief System Of Villagers 'Committee Infringing On Villagers' Autonomy

Rural villagers 'self-government is a new rural governance system explored by the majority of farmers in China in the process of reform and opening up to solve the real problems in the countryside,drawing on the local self-government system of western developed countries,based on China's basic national conditions.After decades of practice,this system has vigorous vitality and vitality.The political,economic,and social aspects of the vast rural areas have undergone earth-shaking changes.The rural villagers 'awareness of democracy has continued to awaken,democratic rights have been realized,and the process of democratization has continued.Advancement has achieved achievements that have attracted worldwide attention.In this process,the achievements of rural villagers 'self-government are worthy of recognition,but the existing problems cannot be ignored,especially with the continuous development of new rural construction in China and the further enhancement of farmers' awareness of rights protection,involving new village disputes in village committees A large number of them emerged,among which the village committee violated the villagers,autonomy.Some villagers' committees violated the original intention and mission of the system,colluded with complex economic and political interests,continuously corrupted and violently violated the villagers' autonomy rights,and villagers sought remedies without serious violation of villagers' legitimate rights and interests.At present,the relief mechanism of villagers 'autonomy has shortcomings in system and practice.It is difficult to obtain timely and adequate relief after the villagers' rights and interests are violated.First of all,the legal system is seriously lacking.Due to the lack of a clear legal basis,there is no legislative level support and guarantee in the process of villagers' rights protection.Secondly,it is difficult for villagers 'meetings to be successfully convened.Self-relief within villagers'self-government is difficult to achieve.This is mainly because villagers'meetings are convened by village committees.Due to the "deterioration" of village committees,in practice,there will be no convening of villagers' meetings or The successful convening of the villagers 'meeting set up many obstacles that hinder the villagers'legitimate rights protection.Third,the supervision and restriction of the administrative and judicial organs are weak,the administrative relief is not timely and effective,and the operability is not strong.The court consciously refused to accept the villagers 'autonomy disputes.In order to reduce the collection of such cases and avoid conflicts and risks.This article starts with the analysis of the connotation of villagers ' autonomy.After introducing the performance of villagers' committees 'violation of villagers'autonomy,it discusses the shortcomings of the current relief system,and finally puts forward suggestions for improving litigation relief,that is,formulating the "Village Autonomy Law" The relationship between the villagers 'committee,the township government,and villagers'(representative)meetings refines the system of election,removal,and disclosure of village affairs,and enhances their operability,providing a legal basis for villagers 'autonomy;through amendments The "Administrative Procedure Law" and "Civil Procedure Law" give the village committee the qualification of the main body of the defendant in administrative litigation,expand the scope of administrative litigation,determine the type of litigation,standardize the relief procedure,and solve the problem of difficulty in the intervention of the litigation procedure;The judicial review system of the village regulations and the villagers 'meeting and the resolutions of the villagers' meeting guarantees its legitimacy and prevents the tyranny of the majority against the minority.Through the above system design,the villagers 'autonomy can be guaranteed timely and effective relief,and they should strive to guarantee the exercise of villagers' autonomy in all aspects and in multiple dimensions,safeguard the lawful rights and interests of villagers,and promote the development of grassroots democracy.This article mainly analyzes from the empirical point of view.At the same time,it comprehensively uses the methods of literature analysis and historical analysis to analyze the infringement of villagers' autonomy and focuses on the systematic demonstration and research from the aspect of litigation relief.