The Study Of Soft Law In Village Elections

Soft law is the norm that does not guarantee the implementation of the state compulsion,but can produce the social effect.There is a lot of dispute over soft law,but there is a lot of soft law in reality.Under the background of the transformation of the rural society in rural areas,the traditional traditional treatment society is gradually moving towards the rule of law.In the background under the influence of the villagers’ election practice,presents many bad election phenomenon,hard as a method of "electoral law of the People’s Republic of China" the villagers committee are sometimes difficult to go deep into the inside the villagers’ election,and must be diversified and flexible soft law actually widely affects the practice of villagers’ election,such as the village regulations,articles of association of the villager autonomy,the villagers and the villagers’ representatives meeting resolution etc.Play an actual role.The role of soft law in rural areas,of course,the advantages and disadvantages of both,how to lift its long avoid short,let the villagers’ election this autonomy system into the orbit of rule of law,has important theoretical significance and practical value.Papers selected the H county of guangdong province L village election event specific studies,the thread of the thesis is for the village election of the villagers’ election phenomenon and soft law is made to the performance of the villagers’ election.The paper is divided into four parts,and the first chapter "the overview of the soft law in the villagers’ election" is the theoretical research part.First,the definition of soft law includes the connotation,nature and characteristics of soft law,as well as the relationship between soft and hard law.It is concluded that although the soft law does not have the power of the state,it can produce a certain social effect,which is the method of soft law.Secondly,the paper analyzes the soft and hard law of the villagers’ election,and discusses the conflict between the villagers’ election and the hard law,the match between the villagers’ election and the soft law.Chapter 2 "soft law phenomenon in the villagers’ election" is the analysis part of the present situation.First of all,by H county L village election event in guangdong province as an example,through investigating the village election campaign situation,analysis the main weak consciousness of the villagers’ election right to exist,the village women’s status in the villagers’ election is lower,the factors of the clan as well as the villagers’ election and illegal behavior affect the villagers’ election election phenomenon.Secondly,analysis the villagers’ election is the soft law form,including clan rules,village regulations and articles of association of the villager autonomy,the villagers’ meeting with the representatives of villagers meeting resolution,etc.Chapter 3: "soft thinking in village elections" is the thinking part of soft law.Facing the phenomenon of soft law,there are many problems in the village election practice.Chapter 4 "the improvement of soft law in the village elections" is the part of the soft law.For soft law in the villagers’ election hard law and soft law conflict and a series of problems,seek truth from facts put forward,such as improve the level of the election of soft law under the rule of law,norms of soft law initiative process,strengthening of soft law supervision way and a series of perfect measures,finally realizes the villagers’ election in the governing of the coordination of hard law and soft law.