Rule Of Law Practice In The Governance Of "Village To Residence" Communities

The goal of the village changed should be to improve the quality of life of farmers,safeguard their legal rights and interests,and enhance their sense of well-being and access.In order to achieve this goal,it is necessary to promote the community governance of "village to residence" communities according to law.Based on this,the thesis analyzes the legal issues involved in the community governance of "village to residence" communities in terms of three elements: the change of mass self-governance mechanism,land development and protection of farmers’ rights and interests,the change of contiguous relationship and the maintenance of community order.The study finds that the completion of the conversion of villages into residences will lead to changes in the governance path of the community,mainly because the integration of people makes the unique development mode and communication mode different from the previous ones,and people’s concepts and habits have not changed simultaneously,so the mass self-governance mechanism should be optimized according to the local conditions to adapt to the governance of the new community.In some areas,there is no perfect mechanism for the collective property rights of rural land,the form of realization,and the fair and just distribution of land value-added income,which largely affects people’s willingness to integrate and hinders the smooth promotion of village conversion.Therefore,it is necessary to actively guide and realize the transfer of contracted land and residential bases in rural areas in accordance with the law,and promote the restructuring of collective economy,and at the same time,optimize the resettlement compensation mechanism,so as to effectively protect the production and living of residents and mobilize the motivation of living together.The survey found that the establishment of new communities,against the background of the existence of a large number of existing interests,conflicts are difficult to avoid,mainly because the new land development and production and living may touch the sunlight,ventilation,noise and other adjacent issues,and the current "village to residence" community,the rights and obligations are not yet clearly defined,at this time the application of the general principles of dealing with contiguous relationship are a summary of the experience and wisdom of neighbors in resolving disputes.In view of the current problems in the "village to residence" communities,the governance of the "village to residence" communities should strengthen the rule of law and play the role of autonomous subjects in order to improve the satisfaction of the public.First,we should play the role of traditional governance factors.Village rules and regulations can still play an irreplaceable role in the governance of new communities,but they need to be properly adjusted to suit the new communities.Therefore,we should guarantee autonomy by building a "soft law system" and optimizing the functions of autonomous subjects,and actively coordinate and clearly play the role of each governance subject.Second,we should accelerate the improvement of laws and regulations related to the construction of "village to residence" communities.Although a large number of documents exist to provide guidance for the construction of "village to residence" communities in China,but mainly relying on administrative promotion will create some problems,improve relevant laws and regulations should start from clarifying the legal positioning of the "village to residence" community itself and its management organization,establishing and improving relevant rules and regulations,enriching and sorting out the policies and regulations,processes and procedures for the construction of the "village to residence" community,and clarifying the supervision and inspection and legal responsibilities of each subject.Thirdly,we should improve the law enforcement and judicial mechanism of village conversion,and implement the rule of law in the whole process of village conversion,so that the people will be satisfied with every law enforcement and judicial process.