A Study On The Autonomous Dispute: The Type And The Relief Way

With the development of rural economics and the amplification of peasant's right sense, the dispute cases come frequently in villager's autonomy. Around some questions, such as the type of autonomous dispute and the relief way, this article is divided into three chapters.Chapter One mainly discusses the law status of the villager's autonomous organizations, this is the logical starting point. After analyzing some viewpoints in the academic circles, we point out their shortage, and introduce the concept of parapower organization.Chapter Two mainly discusses the type of dispute and the way of relief in villager's autonomy. The dispute has three types, namely the dispute between villager and villager's committee, the dispute between villager or villager's committee and township government. ,the dispute between villager and township government. We also analyze the dilemma of nowadays the relief system in villager's autonomous dispute, draw forth the concept of judicial review and point out the feasibility of bringing part villager's autonomous dispute into the scope of judicial review.Chapter Three mainly discusses how to revise the relief way in villager's autonomous dispute. The revision of the relief way dispute should begin on the three parts in villager's autonomous. Firstly we should revise the theory of the defendantship of administrative procedure law. Secondly we should amplify the scope of accepting cases of administrative procedure law. Lastly we should bring the local regulation, the rules of villager's autonomy, and the villager's rules and regulations into the scope of judicial review.