Research On Villagers' Self-government System By The Dimension Of Constitutionalism

It is rural population that in the vast majority in such a country as china, and issues on agriculture, rural areas and peasant farmers plays a decisive role in China's political, economical and social development. Since"The Organic Law of the Villagers Committees of the People's Republic of China"came into effect in 1987,villager autonomy in the vast rural areas has being gradually improved, and has been given more and more attention. Villager autonomy has great significance in the maintenance of rural stability, the improvement of relations between the party and the masses, and the promotion of building of grass-roots democracy in rural areas. However, with the further deepness of economical reform, economical structure in rural areas and income structure of peasant farmers have underwent some alteration, which bring about some changes in the political system, especially when such economical phenomena emerged, with the increase of peasant workers who flood into cities, and the weakness of collective economy. Meanwhile, villager autonomy system needs to be polished, with the progress of society and the enhancement of democracy consciousness. What's more, the security system on villager autonomy is not so perfect that it is necessary to be provided with greater security and more relief from the Executive, Legislative and Judicial System for the effective operation of villager autonomy.This paper is divided into four parts; the first one is to introduce some background, research achievement and innovation on the topic, as well as its significance in research. The second part is a detailed analysis of villager autonomy in the eyes of law, which mainly concentrating on basic principles and structural analysis of villager autonomy. Basic principles of villager autonomy are introduced in respect of nature, derivation of rights and constitutional significance. The analysis of legal relationship is made at two aspects, one is the identification of the main body of villager autonomy, and the other is the identification of the static content and the dynamic progression of villager autonomy.The third part is an analysis on the present situation of villager autonomy, including the progression, the dilemma of villager autonomy and its reason.The fourth part is to present the solution to improve the system of villager autonomy at four aspects: to strengthen collective economy so as to consolidate economic base of villager autonomy, to improve the internal mechanism for the system of villager autonomy, to improve the external mechanism for the system of villager autonomy, to strengthen leadership and oversight of the party the third of which is the focus of this paper, including legislative relief, administrative relief and judicial relief.