A Study On The Effectiveness Of Village Rules And Regulations In Ethnic Areas

On December 27,2018,the Ministry of Civil Affairs issued the guiding opinions of the all China Women’s Federation of the Ministry of agriculture and rural areas of the Ministry of civil affairs,the political and Legal Affairs Commission of the Central Committee of the Organization Department of the Ministry of civil affairs,the Civilization Office of the central Committee of the Ministry of justice,on doing a good job in the work of village regulations and residents’ conventions.According to the opinion,by 2020,all villages and communities in the country will generally formulate or revise the village rules and regulations and residents’ conventions for practical use,and promote the improvement of the modern grass-roots social governance mechanism under the leadership of the party organization,which is a combination of autonomy,rule of law and rule of virtue ".As the basic governing unit of our country,the administrative village should be combined with the practice of social development,improve the village rules and regulations,promote the process of villagers’ autonomy,and build a rural governance system combining the rule of law,autonomy and Moral Governance.In 2020,No.1 central document pointed out that strengthening rural grassroots governance should improve the rural governance system,which set clear goals for grassroots governance.Based on this new requirement,this paper discusses the theoretical significance and practical value of village rules and regulations to the current social governance from the legal basis,system norms,practical links and so on.This paper focuses on four aspects by using literature analysis,historical research,case analysis and other research methods: the first is to analyze the value of village rules and regulations and discuss why to advocate the construction of village rules and regulations;the second is to analyze the legitimacy of setting punitive clauses in village rules and regulations from the perspective of legal theory and reality,and elaborate the legitimacy foundation of punitive clauses The third is to analyze theproblems existing in the current village rules and regulations,so as to provide a basis for better exerting the effectiveness of the rules;the fourth is to study how to improve the construction of village rules and regulations in the practice of villagers’ autonomy.In the new era,we should tap the value of village rules and regulations,which is not only conducive to promoting the practice of villagers’ autonomy,but also the practical need to improve the rural governance system and improve the rural governance ability.First,the villagers have summed up a set of their own governance experience in the long-term production and living practice,absorbing the reasonable part of the village rules and regulations as the text basis for the villagers to solve their own disputes;second,as a carrier,the village rules and regulations,under the premise of complying with the law,absorb the content of the customary law of the people,effectively connect the national law and the customary law of the people,and promote national unity and national unity Third,we should widely absorb the villagers to participate in the formulation process,increase the villagers’ sense of identity to the village rules and regulations,reduce the pressure of the grass-roots political organizations,and realize the high-efficiency of social governance.The establishment of punitive clauses in village rules and regulations has both legal support and practical basis.Because many scholars deny that village rules and regulations have the effect of setting punitive provisions based on the administrative penalty law,the first is to distinguish the concept of villagers’ autonomy and administrative power.Secondly,it analyzes the legitimacy basis of the establishment of the penalty from the legal theory.First,as the core concept of villager’s autonomy,the villager’s autonomy belongs to power or right.Theoretically,there are different opinions.By combing and analyzing the views of scholars,the author concludes that the villager’s autonomy has the dual attributes of right and power;second,as the embodiment of the villagers’ collective will,the village rules and regulations are the product of democratic consultation,and the villagers’ transfer of their rights is also the place The legitimate source of the right of punishment.Finally,from the universality and necessity of the current punitive provisions and the traditional habits of ethnic areas to demonstrate the legitimacy of the establishment of punitive provisions.At present,there are many problems in the penalty rules of village rules and regulations,which affect the effectiveness of the penalty rules,and can not achieve the function of adjusting the social order in rural areas.First of all,the operation mechanism of the penalty is not standardized,including the illegality of the main body,the undemocratic process and the deviation of the execution procedure.Secondly,the content of the penalty is not perfect,mainly the single means of punishment and the severe way of punishment.Moreover,there are problems in the connection between village rules and national laws.First,the content excessively caters to the national laws and loses the local characteristics,which makes the villagers’ autonomy become a form.Second,the content exceeds the national laws,especially in the punishment of breaking public order and the identification of illegal crimes,which is inconsistent with the provisions of national laws.Finally,the absence of external guidance and supervision,including administrative supervision and judicial supervision.In the administrative supervision,the township government lacks the filing guidance of the village rules and regulations.On the judicial level,the court either denies the effectiveness of the punitive provisions set in the village rules and regulations,or does not review the specific content because the matter belongs to the scope of villagers’ autonomy.Based on the above analysis,from four aspects to improve the penalty content of the village rules and regulations,in order to better play the effectiveness of the village rules and regulations.First,improve the operation mechanism of village rules and regulations.This paper focuses on the subject of making village rules and regulations,how to avoid the statutory formulation of villagers becoming dominated by village officials and followed by villagers;how to ensure that villagers participate in the formulation of village rules and regulations to achieve procedural justice in view of the current formulation of procedures;and how to set up legal and effective penalty provisions of village rules and regulations.The implementation of the village rules and regulations is not guaranteed by the national compulsory force,but by the social compulsory force.Specifically,the recognition of the country’s laws on the village rules and regulations,the recognition of the villagers’ traditional habits,and thepsychological coercion of the moral public opinion on the villagers.The village rules and regulations can be set with the responsibility for economic breach of contract,and the setting standard should be appropriate,fully considering the local per capita income level and the specific villagers At the same time,the implementation process should be standardized.The villagers’ committee can set up a special implementation team to absorb the respected old people in the village or the old party members trusted by the masses,put an end to violent law enforcement in the means of implementation,establish the villagers’ Supervision Committee,and the villagers’ committee can open the implementation procedures in time,ensure the implementation procedures are open and transparent,and exercise the villagers’ supervision power.The third is to promote the organic connection between village rules and national laws.The adjustment between the village rules and regulations and the national law is necessary and feasible.On the one hand,the content of the village rules and regulations should meet the requirements of the national law,on the other hand,the village rules and regulations should play the role of making up for the shortage of "sending the law to the countryside";on the other hand,the external guidance and supervision mechanism of administrative supervision and judicial supervision should be improved.Specifically to the administrative filing system,it is necessary to combine guidance,review and filing,so as not to make the filing work become a mere formality;in order to improve judicial supervision,first of all,we should affirm the effectiveness of judicial suggestions in the law,then improve the quality of judicial suggestions,and finally establish a long-term mechanism of judicial supervision,with regular return visits.