Formulation And Implementation Of Village Rules And Regulations In The Context Of Administrative Guidance

If the nation wants to revive,the countryside will revitalize.In order to achieve rural revitalization,we must give full play to the role of village rules and regulations.During the field visit to the villages in Wuyuan County,Jiangxi Province,the author noticed that the village rules and regulations that seem to follow the rules are actually hidden,and the potential problems are prominent,such as the wanton expansion of autonomy and the violation of existing laws and regulations;The ideological connotation lags behind seriously and is divorced from the direction of socialist legalization;The content violates legal principles,the value is not correct,and the judicial trial is difficult to complete the correction of specific provisions.During the investigation,the relevant township governments of Wuyuan County have shown unique experience in using administrative guidance to help solve the problems of village rules and regulations.Compared with judicial trial,administrative guidance has the characteristics of rapid response and flexibility.At the same time,there are more exchanges between the field of administrative rule of law and the field of grass-roots self-government.Through administrative guidance,the integration of village autonomy and administrative power is realized,and the two have good interaction and communication,While respecting the exertion of the consciousness of village autonomy,we should maintain the guiding direction of the government and solve the normative problems.From the historical background,within the 30 years since the founding of new China,the form of political state has squeezed the space of social autonomy.With the rise of reform and opening up,the national political rights have been limited in rural areas.Villagers’ autonomy has gradually been on the right track from spontaneity to national advocacy.The articles of association of villagers’ autonomy emerged as a high-level form of village rules and regulations.However,due to the limited level of village governance and the excessive penetration of village rules and bad habits into the articles of association of autonomy,China issued the organic law of villagers’ Committee(for Trial Implementation)in 1988 to regulate this.At the same time,the civil affairs departments of many local governments also provide model texts of village rules and regulations for villages,which has built a bridge between administrative guidance and village rules and regulations,It also shows that good governance in the field of grass-roots autonomy is inseparable from good communication with the field of modern administration,and the close relationship between administrative guidance and village rules and regulations has come from for a long time.Therefore,in terms of theoretical tone,when promoting rural governance,we need to realize the root from the source,aim at the essence of things,find out the key crux,and give full play to the good guiding role of administrative guidance in solving the problems of village rules and regulations.At the same time,from the institutional level,the rule of law system has implied the deep meaning of guiding village rules and regulations with administrative guidance at the beginning of its design.The solution of problems in the norms of village rules and regulations must rely on the role of administrative guidance,which is inseparable from the help of administrative guidance.According to the provisions of Article 27 and Article 5 of the organic law of the villagers’ committee of the People’s Republic of China,the people’s governments of townships,towns and ethnic townships have the legal obligation to supervise the formulation and amendment of village rules and regulations.At the same time,they shall order correction of the contents of village rules and regulations that violate the constitution,laws,regulations and national policies,citizens’ personal rights,democratic rights and legitimate property rights according to law.This requires the township,town and ethnic township governments to provide corresponding support and help in the revision and formulation of village rules and regulations,but pay attention to respecting grass-roots democratic autonomy and clarifying the boundaries.After the field investigation and visit to the villages in Wuyuan County,Jiangxi Province,combined with the views of relevant scholars,aiming at the problems,summarizing and analyzing,and putting forward targeted countermeasures,hoping to help solve the problems related to the standardization of village rules and regulations,and strive to promote the experience throughout the country.In order to realize the good interaction between administrative guidance and village rules and regulations and effectively solve the legal problems in village rules and regulations,we can strengthen the standardized construction of administrative guidance and establish a long-term assistance mechanism to realize the agreed period guidance of village rules and regulations;Strive to realize the basis of administrative guidance,help clarify the legal basis of village rules and regulations,and build standardized and systematic village rules and regulations.Take administrative guidance as the starting point,activate the attributes of village rules and regulations,resolve the problems of autonomy,stimulate the vitality of village internal regulation,and promote the new transformation of village governance under administrative guidance and the optimization and upgrading of village rules and regulations.