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Villagers' Autonomy

Author: MaWanQing
Tutor: LuPingHui
School: Central University for Nationalities
Course: Constitutional and Administrative Law
Keywords: villager’s autonomy right The villager’s committee judicial relief
CLC: D921.8
Type: Master's thesis
Year: 2010
Downloads: 179
Quote: 3
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Abstract


There is no necessary to say more about the important meaning of the villager’s autonomy. Academic world has researching a lot at the aspects of the institution and Democratic values for many years in the past, however, at the legal dimension, around the implement and improvement of the "village committee organization law", we need to explore the concept of village autonomy on jurisprudence. The right of the Villager’s autonomy is the core of village autonomy. The most of the legal issues are around the right of villager’s autonomy, which is the core of the Village autonomy. Only the right of villager’s autonomy is guaranteed, we can say System of villager’s autonomy falls to real-Office. Regrettably, however, we can’t find specific provision and location of the right of villager’s autonomy in the current legal documents in our country. Although the Constitution and the "Organic Law of Village Committees" made a number of provisions about the village committee and the villager’s autonomy, there have no clear description related to the right of villager’s autonomy. So, this article attempts to give the right of villager’s autonomy some analysts from the aspect of Constitutional and Administrative Law, which include the Conception, nature, features, subject, theoretical basis and problems in the implementation process. At last, I give the way of protect the right of villager’s autonomy.The article is divided into four chapters to discuss. The first chapter, starting with the autonomy, is the connotation of the villager’s autonomy and the conception of the villager’s autonomy right. Then it is the analysis and discussion of the characteristics, subject, source, content about the right of villager’s autonomy, and discusses the forms of autonomous organization in order to give a more profound understanding of the villager’s autonomy right.The second chapter, mainly for the theory of the villager’s autonomy right, the purpose is to provide a deeper understanding of legal meaning and nature of villager’s autonomy right, it is also provides a theoretical support of the protection of the village’s autonomy right from the legal point. This chapter mainly includes four aspects, such as the theory of socialist autonomy, liberal theory, the theory of civil society, rule of law.The third chapter is mainly the realization of the villager’s autonomy right. First, the meaning of the villager’s autonomy right’s realization, Secondly, the problems in the implementation process of villager’s autonomy right. These mainly include:the lack of legislation and contradictions in the legal status of villager’s autonomy organizations is not clear, grass-roots government interference the rights of villager’s autonomy, the conflict of the villager’s autonomy right and the leadership of grass-roots party organizations, the relationship between the villager’s autonomy right and the collective economic organization is unknown. Chapter four, the relief of the villager’s autonomy right, the first is the existing approach and the shortcomings of relief. Second, the recommendations of the relief of the villager’s autonomy right, Include the improvement of legislation, the establishment of the mediation mechanism, improve the monitoring mechanism of villager’s committee, finally the establishment of mechanisms for judicial relief.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution > Local Autonomy Law
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