On The Principle Of Democratic Decision

The principle of democratic decision is not only of the utmost importance in the politicalfeild but also the group-decision-making rule for protecting the freedom of civil andcommercial subjects as well as fully conveying the will. Moreover, it is rather remakable toprotect the democratic rights in reference to respecting for the civil rights of civil andcommercial subjects, Particularly by the time autonomy of private law and the develpomentof human rights are being advanced. The relvant laws, for instance, the Organic Law ofVillagers Committees and some others, all contain specific provisions on the principles ofdemocratic decision long time ago, but the princile has not been given due attention before therevision of the law of corporation in2005, particularly before enactment of the property law.Rural land contract has been taken asthe subject matters of the most relevant cases in respectof democratic decision in judicial practice. In addtion, the debate in the academic circle islimited to the judicial cases and the law in regard to the rural land contract. With reference tovilolation of the legal principle of validity to confirmation, the principle of democraticdecision has been mentioned along with the wight-hot discussion on the classification types ofmandatory provisions, but it still lack of systematic analysis and adequate identification.Essentially, more discussions should be made on the related problems of the principle ofdemocratic decision on the basis of reviewing the current laws and regulations.With over40,000words, the paper falls into seven parts excluding abstract, contents,notes, acknowledgement and references. The first part mentioned the necessity andimportance of the studying, research status, structure map, research approaches and so on. Thelast part is the brief introduction to the author’s puzzlement and unsolved problems during theprocess of the study.In the second part, the author analyzed and criticized the relevant previous conceptualexpressions of the principles of democratic decision and laid out its scope of applicationst. heauthor thinks that the following decision principles, however, such as, the majority rule, thetwo thirds majority of all members rule, the overwhelming majority rule, the principle ofdemocratic decision, cannot exactly express the complete meaning and the spirit ofdemocratic decision, and then drew the conclusion that the principle of democratic decision should be unlimitedly extended in the legal extent.The third part disusses the relation and differences between the principle of democraticand the rules of the equality, the party autonomy, justice, honesty and credibility withborrowing the research paradigms of basic civil principles and exploiting the comparativeresearch approachs, then the author mainly argued the independence existence of the specialvalue attached to the democratic decision and the principle adhered to the practicalapplications.The fourth part emphasized the unique value of the principle of democratic decision inthe basement of the research in the third part. As for democratic, much controversy has beenevoked by a large number of pros and antis, additionally, in the basement of reviewing theacademic debates of different schools, the paper stands for the democratic, because itincorporated the superiority of putting the everyone’s head together, equitable participationand generic efficiency and it is the motive force and the vital choice of socialist reform andconstruction.In the fifth part, the author respectively expounds the implement situation of democraticdecision from the angle of corporation governance, property management, agricutural affairesdecisions. Comparatively, there is much used for reference by property management andagricutural affaires decisions, moreover, the principle of democratic decision was carriedthroughout in the governance of coporation and the rule of execution is also concrete. Theauthor analyzed the differences and the sources to them among corporation governance,property management, agricutural affaires decisions. In the part of agricutural affairesdecisions, the author went to expert for the views on the analysis in terms of validity onviolating the principle of democratic decision in the contracts that were held by the scholarsand imposed two propsals.The six part is about the tension on the principle of democratic decision, in this paper.From the cases, by applicating the approach of induction and deduction and combiningcurrent theoretical achievements, the principle of democratic decision is classified to theprinciple of the specified third man in this paper. The main reason are as following: theprinciple neither has characteristics of random norm nor involved the national interest or thepublic interest of compusory norm; it also contradicts to the other legal norms. finally, Whatthe author propses is to list the principle of democratic decision as a sole provision if theproperty law will be revised in the future so that the basic rights of the litigants can be better-protected.