Research On The Governance Of Village Leaders In The Construction Of Rural Legal Order

Stable rural is the premise of development,while the connstruction pf rural legal order is the inevitable requirement of building a country under the rule of law.Since the 1990s,the system of village self-governance has encountered some problems in the process of operation,which is even dissimilation.The disorder of village is also bound to be detrimental to the stability of the whole society.Reconstructing the rural order is not only the requirement of building a harmonious society,but also the requirement of ruling the country according to law.Mentioned in the law of the People's Republic of China on the 13th five-year plan for national economics and social development program,in the paragraph "speeding up the construction of livable beauty":"cultivate civilized local custom,good family trait,and new good fellow villager culture",the concept of 'Xiang Xian',which means good fellow villager in Chinese was put forward.Those villagers were the continuation and development of the ancient "squire" in old system,where the squire played a very important role in the stability of the ancient rural areas.In the villagers autonomy system cannot completely solve the case of strong rural governance,it will notonly build a new countruside,but also for sure to accelerate the pace of rural modernization in our country,if we can place the governance by 'Xiang Xian' properly in current system,Build a new countryside that meets the requirements of the rule of law.The first part of this paper mainly analyzes the status of current village self-governance,Mainly analyzed the problems of the villager autonomy and humanistic ecological state of affairs in the countryside,and analyzes the cause of self-governance among villagers mess.The second part is mainly about the generation of those good fellow villagers,This part explains the came into being and development of the 'Xiang Xian',and analyzes the reasons why it is used `Xiang Xian'in modern times rather than the 'Xiang Shen'.Then,'Xiang Xian' is divided into local and foreign ones,and their election methods and standards are different;Secondly,we should encourage 'Xiang Xian' to come back home and to participate in governance,encouraging them to return home through spiritual encouragement,setting up specialized agencies and solving the problems of living after returning home.Finally,we should cultivate the 'Xiang Xian' initiatively,through follow villager deeds infection villagers,in the spiritual and material up to the villagers to help the people in need,through incentives to stimulate the villagers struggle the spirit,cultivate the villagers' sense of belonging.The third part mainly analyzes the construction of the rural legal order under the participation of the 'Xiang Xian' group,especially the improvement of the village rules and regulations,First is to perfect the existing village regulations,the state to admit that it is part of the legal system in our country,but also to perfect the content of village regulations,make its specific content,operable;The second is to establish a dispute settlement mechanism,so that the local people can become members of the mediation committee and exercise their own functions independently,without interference from the villagers' committee.The fourth and fifth part are mainly about the advantages and disadvantages of the 'Xiang Xian'governance,and the legal regulation of the 'Xiang Xian',Follow'Xiang Xian'management not only can have their advantages in a timely manner to resolve disputes,the'Xiang Xian'to help villagers informed of village'dynamic,generation they exercise their rights,but also for the introduction of new industry in the countryside.However,the disadvantage is also obvious.If the 'Xiang Xian'are not be restricted,the 'Xiang Xian'management is likely to become the rule of the people.Therefore,the restriction of the'Xiang Xian'should be clearly defined in the village regulations.