The Legal Regulation Of Village Regulations

Village autonomy is a form of social autonomy and an important part of the grassroots autonomy stipulated in the Constitution of China.It covers all aspects of life and village management,and is rich in content.It is not only the norm of village autonomy,but also the guarantee of villagers’ rights.Therefore,it should become a program of action for villagers to"internalize and externalize" their behavior.In fact,in the process of realizing autonomy according to village rules and regulations,due to the duality of state governance and villagers’ autonomy,there are cases that contradict with national laws and the Constitution.In judicial practice,village-level grassroots cases are mainly related to village rules and regulations.For example,village committees violate the basic rights of their members through village rules and regulations.In the era of legalism and the rule of law,illegal systems and norms are invalid.In view of the important position of village rules and regulations in villagers’ self-government,attention should be paid to the establishment of a legal regulation system of village rules and regulations.The law stipulates that village rules and regulations shall not violate the Constitution,laws and Party policies.After the village agreements were adopted in the villages,they were submitted to the municipal administration for revision.If there are any organizations infringe on the legitimate rights and interests of the villagers,villagers could file a lawsuit in the people’s court.Therefore,both the filing review by the village government and the judicial review by the court should have the value of supervising villagers’ autonomy,safeguarding the legal rights of villagers rights and interests of villagers,and regulating the relationship between village autonomy and the public power of the state.However,the current law does not have clear standards for reviewing the legality of village regulations.and there is no complete legal regulation system.Through fieldwork and relevant case studies on the Villagers’ Regulations and their implementation,we have classified the criteria used by village governments and courts to review the reasonableness and legality of the Villagers’Regulations and found that the regulations in this regard are too general and lack operability.As a result.this has led to problems such as the vague grasp of the legality and reasonableness of village regulations when the township government files them in practice,and the con fusion of the standards applied when the court hears them,ultimately leading to difficulties in relief when the basic rights of villagers are violated and the unity of the legal system is not effectively maintained.It is of great practical significance to discuss how to construct a legal regulatory framework and conduct filing review and judicial review of them.On the one hand,it supervises the effective operation of villagers’ autonomy,on the other hand,it promotes the orderly performance of functions by courts and governments,and finally protects the basic rights of villagers,maintains the unity of the national legal system and realizes the orderly governance of grassroots society.Although exploration has been conducted in practice,there are still problems such as unclear nature of cases,unclear burden of proof,controversial application standards and inconsistent judgments.To establish a legal regulatory framework for village rules and regulations,firstly,the legal provisions should be improved to give them legitimacy.Secondly,the review procedure should be improved to clarify the review content,review standards and treatment results.Judicial power and administrative power restrain and interact with each other,reasonably intervene to supervise villagers’ autonomy,and strive to promote the standardization of rule of law grassroots management.This paper analyzes the current situation of legal regulation of village rules and regulations in China from the aspects of incomplete legal establishment,unclear regulation standard,inaction of township government among state power organs and unsound review mechanism related to judicial organs,and proposes ways to improve the problem.It is hoped that the analysis of this paper can help to solve the current problem of village rules and regulations.It is hoped that the analysis of this paper can help to solve the current problem of village regulations.