Research On Law-abiding In Grass-roots Government

Government abiding by the law is of great significance to the construction of a government ruled by law and a society ruled by law.Previous studies on government law-abiding mainly take the overall actions of the local government as a research object,and rarely focus on behavior of action agents of the grass-roots government.This paper carries out a case study on the D county’s policy implementation of“building new residence and demolishing the old ones” in poverty-reduction,which is an empirical study on law-abiding behaviors in the implementation of grass-roots government with the method of legal anthology.This paper analyzes what the key factors influencing the grass-roots government’s law-disablement behavior are in the process of implementing the policy of “building new residence and demolishing the old ones”,analyzes the characteristics of the grass-roots government’s behavior,and summarizes the underlying reasons as well as its law-disablement behavior logic.It is found that the process of implementing the policy of “building new residence and demolishing the old ones”,D county government has its own features in different stages.The three stages of policy implementation are segmented as follows:first,building new residence,moving to the new residence and then demolishing the old residences.Second,withdrawing from homestead.Third,reclaiming for cultivated land.Among them,the first two steps(building new residence,moving to the new residence)are relatively fully implemented,but the following work effect(demolishing the old residences,withdrawing from homestead and reclaiming for cultivated land)is in vain with poor completion,which eventually leads to the emergence of a large number of violations of Article 62 in the Land Management Law in rural areas of D counties and has not yet been corrected till present.In this process,the factors that affect the law-disablement behavior of the grass-roots government are:the decision-making of the main leaders of the grass-roots party committee,the attitude of the poor households who undertake to build residences,the actual situation of the pervert y-reduction team in the village,the dilemma and law enforcement difficulty of the Land Resource Dept.On this basis,this paper attempts to explain the above-mentioned grass-roots government’s failure in strict law-abiding.Although the system logic can well explain the cause of policy implementation deviation from macro level,it is difficult to find some microscopic characteristics in grass-roots practice from macro-level deduction.In view of this,this paper puts forward the concept of “sequential pattern” to further understand the practical logic why grass-roots governments do not strictly abide by the law.With further analysis,this paper sums up that the work characteristics of grass-roots government with the word “scheduling”.“The sequential pattern” is the sequential structure of the grass-roots government when handling affairs.There is an irreconcilable contradiction between the extremely limited governance resources and the heavy work tasks of the grass-roots government,which determines that the grass-roots government have to deal with affairs in a orderly manner with limited management resources.As a result,grass-roots government’s action to deal with affairs presents a structural character,thus the ranking of specific matters determines whether or to what extent the transaction can be handled.Based on the case analysis of the implementation of D county government’s policy of “Building new residence and demolishing the old ones”,this paper holds that the practical logic of whether the grass-roots government strictly obeys the law in daily work is: in the pattern of the grass-roots government handling affairs,strictly abiding by the law is a specific and changeable matter that the grass-roots government needs to deal with.The status and importance sequential of the matter determines whether or to what extent it can be handled,and thus whether the grass-roots government can strictly abide by the law in dealing with matters closely related to strict compliance with the law.There is a difficult contradiction between the extremely limited governance resources and the heavy work tasks of the grass-roots government,which determines that the grass-roots government must concentrate on the management of resources and deal with affairs in a sequential manner.The location and importance of a particular transaction in a sequential pattern determines whether or to what extent the transaction can be handled.And in the grass-roots government work,strict compliance with the law is often a specific matter.Therefore,whether the grass-roots government is strictly law-abiding depends on the position of strict law-abiding affairs in the “sequential pattern”.When the government’s strictly law-abiding affairs belong to the local government’s “central work”,the grass-roots government will distribute and concentrate on managing resources to deal with the affairs,making strict law-abiding behavior.On the other hand,when the government’s strictly law-abiding affairs do not belong to the local government’s “central work”,the grass-roots government will not invest enough governance resources in the affairs to make the behavior of not strictly law-abiding.In this case,D county government does not strictly abide by the law behavior generation because the law-abiding affairs of the “demolition of the old residence” is not included in the central work of D county government,D county government will not invest enough governance resources to deal with the demolition.The contribution of this study to the government law-abiding research is to put the grass-roots government law-abiding problem back into the concrete field and specific work based on the reality of the grass-roots government,and investigate the grass-roots government law-abiding as a specific matter that the grass-roots government needs to deal with.From the view of handling affairs in a sequential structure,this paper tried to sum up the reasons that the grass-roots government does not strictly abide by the law,expanding the idea scope of the government law-abiding research logic.