| Since China’s rural evolution from the people’s commune to the villagers’ autonomous governance mode,the society has always carried out in-depth research on the improvement of rural governance.With the continuous improvement of national governance capacity,China’s overall governance system has been improved.On this basis,in the research on rural governance,the initial democratic value orientation has gradually changed to the national governance orientation,and it has also deepened the connection between theory and practice.After more than 40 years of reform and development,rural governance has also undergone a great change.The development of good governance is mainly due to the optimization and adjustment of the institutional concept of rural governance bear fruit.At present,the principal contradiction in Chinese society has been transformed,and China’s reform has entered a deep water period.At the 19 th CPC Congress,General Secretary Xi Jinping put forward the rural revitalization strategy.Since then,the CPC Central Committee,The State Council,the National People’s Congress,the relevant ministries and commissions,and the Supreme People’s Court have also issued relevant laws,regulations,rules,and policy documents.In the process of accelerating rural reform and development,revitalizing rural areas,building livable villages,improving the efficiency of agricultural development and improving the living standards of farmers,more scholars pay attention that industrial revitalization is the key to realizing rural revitalization.With the promotion of socialized mass production mode,tradition The single farmer management model has appeared the obvious inadaptation,so,changing the traditional agricultural management mode,is the key point to realize the industrial revitalization and development.We will integrate the production factors of talent,technology,capital and other factors to promote the organic combination of small farmers with the large market.In the critical period of rural revitalization and targeted poverty alleviation strategy,more government and social capital have gathered in the rural areas,attracting a large amount of urban industrial and commercial capital,thus providing strong enough impetus and support for the development of rural industrialization,and also showing good results.And rural governance must answer how to undertake capital to the countryside under the existing conditions,resolve conflicts and contradictions,so as to achieve the optimal governance effect.Based on this purpose,the research analyzes the large number of current rural governance practice cases in China,combined with the central spirit of relevant laws and regulations and documents,thus puts forward the contractual management mode,its said is: the government directly involved or promote,through formal and informal rules,to negotiate participants to express their own meaning,thus form a contract content,in order to achieve the purpose of governance model.In addition,contractual governance is not a contract on the traditional level,nor is it only a model of contract to complete governance.Contractual governance involves the theory,spirit and attribute characteristics related to the contract,and it is combined with the modern governance theory,thus forming a new governance model.From the perspective of the connotation of contractual management,its expression is: in the process of governance,the government involved in an equal and fair attitude,rather than the identity of the leader involved,change the original directive type mandatory governance,emphasize the negotiation of the flexible governance,the participants can independently express their meaning,without interference by external forces,Governance participants respect local traditional culture,the integrated use of formal contract rules and informal contract rules,adhere to the integrity standards,the rights and obligations of the participants are very clear,and have corresponding institutional measures,to the participants guarantee effect,avoid the breach of contract,even the government violations,will bring the corresponding negative evaluation,and even affect its status in governance.Fairness,participation,equality,transparency,modesty,honesty,negotiation,high efficiency and punishment are the main characteristics of contractual governance.Therefore,it also belongs to a thinking mode.Based on this background,on the basis of rural governance practice in China is in the stage of capital to the countryside,this paper mainly puts forward an innovative governance model to provide reference for the development and improvement of rural governance in China.Therefore,in the research conducted,it is also based on the rural local analysis.Research and analysis in local governance practice,the role of contractual governance high effect,and in-depth analysis of its operation mechanism,combined with comprehensive theory such as economics,sociology,research analyzes the governance model and the rural development of our country,confirmed the governance process of the capital to the countryside,contractual management is effective and feasible,This paper also analyzes some problems existing in governance practice,and gives some targeted suggestions combined with practical analysis,so as to improve the current contractual governance model.In terms of the content structure,there are seven chapters.The first chapter mainly expounds the proposed background,relevant core concepts,research status quo,research ideas and methods of the proposition,which is the theoretical foundation and foundation of the paper.On the relationship between capital and the countryside to the countryside and rural governance,presents the contradiction of the two,fusion,irrelevant reality and theory research dynamics,combined with the rural governance and the study of contractual governance,puts forward the concept of contractual governance and modesty in the process of governance,participation,equality,fairness,consultation,integrity,transparency,efficiency and disciplinary connotation characteristics.The second chapter elaborates the concept,connotation,theoretical source and value of legalization of contractual governance,and explains the theoretical basis and logical connotation of contractual governance from different theoretical perspectives such as governance theory,contract law theory and economic law theory.And through the comparison with other governance models,it shows the comparative advantage of contractual governance.The third chapter is to refine and comb the logic of contractual governance in the historical process of rural governance in China,and to summarize the contractual concept in the rural revitalization strategy in the new era.The first is the social attribute of the core subject of "three areas and farmers" from "identity" to "contract";the second is the contractual trend of rural governance,complicated relations,collaborative modes and diversified functions;and the concrete presentation of contractual concept in the rural revitalization strategy in the new era.The fourth chapter is to explain the practical problems existing in the rural governance in the process of the current capital going to the countryside,and points out the direction for further exploring the solutions of contractual governance.These problems are mainly reflected in: the risk of authoritarianism under excessive government intervention,the risk of institutional failure of capital and power collusion,the risk of "suspension" of rural grass-roots power,and the risk of institutional alienation of farmers’ cooperatives.The fifth chapter is to discuss the realization basis of contractual governance in the countryside,that is,the rationality and feasibility of contractual governance,and also the response to the practical problems of rural governance in the previous chapter.It mainly includes the convergence of the local resources and the foundation of contractual governance,the convergence of contractual governance and the governance concepts related to the current economic system reform,and the convergence of contractual governance and the grass-roots governance rules in the new era.The sixth chapter is the practical investigation of the contractual governance of capital in the countryside through empirical research,including the combing of the current system level,the typed analysis of rural contract and the case analysis of two typical cases.First of all,the realistic systems such as rural land management right transfer agreement,contracts of rural economic organizations and agricultural cooperatives,and PPP projects of government and social capital cooperation are analyzed.Secondly,the type of the actual situation of rural contract operation is analyzed,and the contract mode between enterprises and farmers is divided into basic types: commodity contract type,factor contract type,intermediate type and mixed type.Through the in-depth analysis of the connotation and system of different models Characteristics,the market status and benefit sharing status between enterprises and farmers,and the difficulties faced will help to better choose the model selection and contract governance in the industrial and commercial capital investment.Finally,the "capital-village" cooperation and "capital-village" game type of two kinds of governance practice case analysis,the author through the National Bureau of Statistics in Hubei survey team of rural revitalization and rural governance project research and discussion,and the Shandong Liaocheng farmers mouth unit,case village visits research,show the development in the process,local governments,villages,production teams,farmers between the informal contract rules and formal contract rules The cooperative practice under the joint action,thus dynamically presents the experience and lessons of contractual governance.The seventh chapter is to summarize and refine the legal path of contractual governance of capital in the countryside.From the government set up the contract concept to prevent excessive intervention,the standardization of the rural contract form,the rural contract content of the rule of law,to promote the rural contract performance and improve the rural contract dispute settlement mechanism made the corresponding discussion and perfect,in order to promote the contract management in the capital to the countryside under the background of the development of the rule of law. |
