On The Legality Review Mechanism Of Village Regulations And Rules

The villagers’ self-government is the grass-roots self-government system stipulated by the constitution of our country.The villagers’ committee deals with various affairs within its self-government on behalf of the common will of all the villagers.As one of the important means for villagers to exercise their autonomy,village regulations and rules are the code of conduct for villagers to conduct self-restraint,self-management and self-supervision,which provides institutional guarantee for the harmony and stability of rural society.At present,there are contradictions and conflicts between village regulations and national laws,in the process of the rule of law in rural governance,there are frequent incidents in which some village regulations and rules damage the legitimate rights and interests of villagers,which has aroused widespread concern in the academic circle about the legality of village rules and regulations.For example,Yuetang Village punished the whole building of the residents who violated village regulations and rules by cutting off water and power for three months.The main reason lies in the imperfection of the legality review mechanism,which makes the regulations and rules cannot be effectively connected with the universal national law.In order to adjust the conflict between village regulations and national laws,we must attach great importance to the legality examination system of village regulations and national laws.Through perfecting the legality review mechanism of village regulations and rules and guiding autonomy by rule of law,it can not only provide standardized system supply for villagers’ autonomy,but also better promote the construction of law-based villages.Therefore,starting from the normative dimension of the rule of law of rural governance,based on the existing theoretical research of village regulations and rules,this thesis analyzes the current legality dilemma of village regulations and rules and the status of the legality review mechanism through empirical research,so as to optimize the legality review mechanism of village regulations and rules.This thesis is divided into four parts: The first part is the village regulations and rules and their practical significance.In this part,the general situation of the village rules and regulations and their practical significance in rural governance are combed and analyzed.In the second part,based on the investigation of the practice status of village regulations and rules,the author analyzes the legality dilemma existing in the practice of village regulations and rules,which is mainly manifested in four aspects: inappropriate subject of enactment,content violating laws and regulations,the lack of standardization of enactment procedures,and enforcement measures without legal basis;The third part mainly analyzes the value and current situation of perfecting the legality review mechanism,which is manifested as the legality system of administrative organs is not perfect,and there is no legal basis for judicial organs to examine the legality of village rules and people’s agreements.On the basis of the above research,the fourth part of this thesis optimizes the legality review mechanism of the village regulations and covenant by perfecting the construction of the review system,clarifying the review content,perfecting the review procedure and constructing the review and supervision.