Research On Practice And Development Path Of Village Regulations And Non-governmental Agreements In Modern Rural Governance

On December 4,2018,the Ministry of C ivil Affairs issued the guidance for village regulations and non-governmental agreements and residents’ conventions work of Ministry of C ivil Affairs,Organization Department of the CPC Central Committee,Political and Legal Commission of the CPC Central Committee,O ffice of C ivilization of the CPC Central Committee,Ministry of Justice,Ministry of Agriculture and Rural Affairs,and All-C hina Women’s Federation,as well as clearly proposed that by 2020,all villages and communities of the country should have formulated or revised practical and effective rules to guide village regulations and non-governmental agreements as well as adjust the residents’ conventions,so as to promote and improve the modern community-level social governance mechanism in combination of autonomy,rule of law and rule by virtue under the leadership of the Party organization.It is indicated that the status of village regulations and non-governmental agreements should be further improved as well as much importance should be attached tothe value of village regulations and non-governmental agreements during the community-level social governance.Simultaneously,we should give full play to the positive role of village regulations and non-governmental agreements and make full use ofvillage regulations and non-governmental agreements.The village regulations and non-governmental agreements have always been regarded as an important form of rural self-governance and animportant achievement of community-level democracy development.The village regulations and non-governmental agreements have been generally formulated in our rural area since the system of self-governance of villagers was issued.Although some results have been achieved,the practical effect of village regulations and non-governmental agreementsin some areas and some rural governance is not significant.Hence,we go deeper into the villages in southwest of Shandong province to investigate the effects and problems of village regulations and non-governmental agreements in practice by collecting and surveying the practice of village regulations and non-governmental agreements in modern rural governance.Simultaneously,the practice foundation and mechanism of village regulations and non-governmental agreements are studied by consulting a large number of literatures and combining with some successful experiences of village regulations and non-governmental agreements in other regions.Thus,we can summarize the development path,making the village regulations and non-governmental agreements give play to its era value in the practice of modern rural governance.Hence,this thesis summarizes and analyzes the theories of village regulations and non-governmental agreements by referring to some literatures.Moreover,the constraint range,ways of reward and punishment,change of terms in the village regulations and non-governmental agreements for different periods are compared.Then,the development law and change reasons are summarized.Taking Dianhutun sub-district office in Heze C ity as the research object,this thesis introduces the contents of village regulations and non-governmental agreements of Dianhutun sub-district office,execution subject,as well as supervision and punishment mechanisms of execution in combination with modern rural management requirements by practical investigation and interview.Here,there are three forms of the village regulations and non-governmental agreements,namely,words on paper,word of mouth,custom inhe ritance,and the convention.Among them,the content of the first one mainly includes general provisions,folk customs,rural civilization,social stability,urban construction,production safety,environmental protection,economic development,etc.Then,the practice of the village regulations and non-governmental agreements is summarized.The village regulations and non-governmental agreements have a great potential application space in the modern rural governance.Simultaneously,it is found by analyzing the questionnaire survey in community that the village regulations and non-governmental agreements play a significant role in the villager autonomy,village civilization construction,social stability and community affairs management in the rural governance.Furthermore,the existing problems of the village regulations and non-governmental agreements are concluded as follows.The village regulations and non-governmental agreements are informally formulated,and conflict with relevant laws.As well as its co nstraint force is insufficient,thus resulting in weaker authority.Next,the reasons for the existing problems are analyzed.They are as follows.The authority systems of informal rules are insufficient,and they are not approved in the modern society.And the right of individuals is not respected.Finally,the development path of village regulations and non-governmental agreements is studied from the aspects of how to consolidate the content and rules of the village regulations and non-governmental agree ments,how to improve the operation mechanism of the village regulations and non-governmental agreements,and how to establish the responsibility of the village regulations and non-governmental agreements,etc.To realize the convergence and integration of laws and regulations from the aspects of improving the ideological accomplishment of rule of law and realizing the benign interaction between the village regulations and non-governmental agreements and folk contracts and national laws.From boost the enthusiasm of the villagers’ participation in public affairs,will inherit the fine moral tradition and modern values and the rule of law concept into the village regulations and non-governmental agreements,by strengthening the guidance of village self-government training combination of form and the endogenous mechanism,by determining formulation subject,formulation procedure and standardize the content in the improvement of the standard level,and so on.The village regulations and non-governmental agreements should gradually develop,and its endogenous rules and institutionalization should be continuously fused.Hence,the village regulations and non-governmental agreements play a vital role in the modern rural governance,and thus the three governance in one in modern rural governance mode is realized.