村民自治权的失落和回归.pdfVIP

Abstract Abstract Villager autonomy is an administrant method in Chinese village. It embodies the villagers’ requirements of equity and self-government. Whereas, the form of villager autonomy provided in the Constitution and other relevant laws is nothing but the functions of villager committee. That is, such contents as the subject, scope and legal relief in case of the trespass on the villager autonomy are not legally specified, which results in the non-standardization and non-systemization in the practice of the villager autonomy. Under such circumstances, the villager autonomy right has been weak and thus become an apparent issue in the progress of the villager autonomy. To solve these problems, we shall research on the issues appearing in the practice of the villager autonomy, analyze the reasons for the loss of the villager autonomy and thus settle the problems through the autonomy subject, autonomy organization and legal relief. In this article, the first Chapter, through the historical review on Chinese villager autonomy, I analyze the view that villager autonomy is an administrant method in Chinese village government. The second chapter, I discuss the source and development of the autonomy theory and the classification of the Villager Autonomy, and come the conclussion that villager autonomy is socia self-government and right of villager,but not power. The third chapter, I would like to discuss the three key legal problems existing in the practice of the villager autonomy and analyze the reasons for the loss of the autonomy rights: 1. The villager committee or some individuals acting as the subject of the villager autonomy due to the ambiguity of legal provisions on the villager autonomy subject and its legal status. 2.Autonomy organization’ departure from its functions as the result of the