The Study On The Guaranty Of Rule Of Law Of Villagers’ Self-Governance Under The Background Of Governance Modernization

According to the Provisions of the Constitution of the People’s Republic of China and the Organization Law of the Villager Committee of the People’s Republic of China,the Villager Committee is a mass autonomous organization,which has established the basic form of the system of community-level self-governance.However,there are some practical deviations in the system of villagers’ self-governance in the rural areas of the country,which are mainly manifested in the administration of village-level governance.The administration of village-level governance is an obvious trend in the transformation of grass-roots governance modernization.Its purpose is to strengthen the modernization of grass-roots governance system and construct the capacity of grass-roots governance.The village-level administrative governance is embodied in the hierarchical governance of village relations,the administrative governance of village affairs,the professionalization of village cadres and the village-level standardized administration.The initiative of administrative village governance is the structural transformation of governance resource allocation and the disintegration of village acquaintance society.The administration of village governance results in the closed operation of village governance,insufficient participation of villagers and “suspended” governance.There is a tension between the practice of administrative village governance and villagers’ self-governance.However,the administrative village governance has its structural causes and practical rationality.As far as the rural areas in the central and western regions are concerned,the competitiveness of village election is weak.The loss of rural elites,the weak mobilization of the local society,and the weak correlation between the villagers and the village community are the causes of the weak competitiveness in the village election.The weak competitiveness in the democratic election may lead to the weak productivity of village cadres.In order to ensure the stable formation of the governance body,the township government intervenes in the democratic election through the establishment of institutional reserve cadre training mechanism,the introduction of informal village cadre retirement mechanism and appointment mechanism,so as to achieve the effect of administration boosting autonomy.Under the background of governance modernization,the relationship between the state and the countryside has changed from resource absorption to resource input.While resources go to the countryside,it means that power goes to the countryside.Therefore,the trend of administrative village governance is irreversible,and to a certain extent,the institutional space of villagers’ self-governance is squeezed.But at the same time,the administrative village governance has also triggered a new practice of autonomy— the settlement of autonomous units.The local society of our country has the characteristics of complexity and transition.The governance at the grass-roots level must pursue the integration of village-level governance and villagers’ self-governance.On the basis of the investigation and research experience,this paper analyzes the practical effect and legal meaning of the settlement of the autonomous unit,and demonstrates the function of the settlement of the autonomous unit from two dimensions of the autonomous subject,the relationship between the villagers’ self-governance and the grass-roots administrative power,aiming to ensure the effective operation of the villagers’ self-governance by means of legalization.