村民自治权的公法规制-宪法学与行政法学专业论文.docx

Abstract China is a large agricultural country with 900 million rural population. In other words, only when we are acquainted with Chinas rural areas can we understand China; only when we solve practical problems in rural areas can we solve Chinas problems. Currently under the background of building a socialist harmonious society and a new socialist countryside, problems faced by agriculture, rural areas, and farmers become critical during the period of social transition. To solve the three problems, we must carry out a series of thorough and lasting modernization reforms, among which the political reform of modernization is considered as its main content. Expanded democratic participation is a key sign of modern political reforms. In traditional societies, the political and democratic participation was only the privileges of a few social elites, while in modern countries, farmers’ initial intervention in national politics becomes a turning point of political participation and the expansion. According to Marxism, the society’s participation in national politics, the society’s constraints on the nation and the society’s recovery of the national state are three ways to prevent abuse of the state power. As one of the public powers, village autonomy is an important force constraining the state power and it is a fundamental means to embody these three ways. The system of village autonomy in rural China implemented as a systemof democracy at village and community level was confirmed in Constitution in 1982. In 1987 the Sixth National Peoples Congress adopted and promulgated the Organization Law of Village Committee (Trial). After eleven years of practice and amendment, the law was formally adopted in the name of the Organization Law of Village Committee in the Ninth NPC Standing Committee in 1998. Over the past 20 years it has been proved that the system of village autonomy plays an important role in the establishment and and expansion of democracy at village and commu