On The Self - Governance Among Villagers

The villager autonomy has over 20 years in China..Villager autonomy is the unification of democracy and the government by law. In the democracal practice of developing nation, the government by law has priority, which is prerequisite to the realizathion and the operation of democracy. The good legal system can provide the system safeguard for the villager autonomy, foster its smooth development. Therefore, how to impels the villager autonomy development through the legislation becomes the central question of this paper.In order to study this question, we must comprehend the present situation of villager autonomy objectively and completely.To do so,we must persist in the the dialectical methodology of Marxism , know the achievement as well as the question and the insufficiency the villager autonomy has. The author adopts the real diagnosis practice method,sing material from the reality to confirm and explan. The existing question of villager autonomy has the complicated reasons. Because villager autonomy occur under the specific historical condition, the historical condition has the continuity, so,the author mainly uses the historical analysis to discuss its legal reason. The author also uses the text analysis method. In order to discuss the solution, the author compares villager autonomy with the traditional Chinese society's village autonomy and local self-government of western developed countries.The author holds affirmative view on the villager autonomy. The research on the villager autonomy cannot be separated from the specific social and historical condition. Villager autonomy emerges and develops in the rural aeras where the culture are most backward and rule of law is weakest, which has the strong local breath, exists as the stock democracy, is definitely imperfect. However its'influence on the countryside democratization and even the national democratization is profound and positive The massive practices proved that, under the national leadership, the villager autonomy has obtained huge achievement. Ordinary farmers' democracy consciousness and the demcracy practice ability had the enormous enhancement, this impelled the national democratic advancement in the very great degree.To solve the existing problem of villager autonomy, the author suggests that four measures should be taken: Firstly,we must improve legal system, in particular procedural law. Otherwise, the villagers lack the institutional participation channel, villager autonomy may become a mere formality and have the empty possibility. Sencondly ,we should develop villagers' legal consciousness, stabilize their legal belief. Next, we should safeguard the villager commission's independent legal status.It is very important to realizes the true significance of villager autonomy. Finally, we must establish legal relief way for the villager autonomy.We must fully use the native resources, especially mediation, in order to avoid "the QiuJu's Case".