【作者】 高霞；

【导师】 孙学致；

【作者基本信息】 吉林大学 ， 经济法， 2009， 硕士

【摘要】 本文结合农村实际情况,对新农村法治建设方略进行初步探讨,寻求社会主义新农村建设有力的法学理论支持。社会主义新农村法治建设是构建和谐社会、建设社会主义新农村的重要内容,对于实现农村社会的和谐与稳定,推进农村城市化进程,加强改善执政党对农村工作的领导具有重要意义。本文认为,新农村法治建设的指导方略应当是,依法保障农民公民身份与市场主体地位;通过完善与新农村建设相关的法律体系,建设配套的农村执法体系,系统构建新农村建设的法律体系;建设政府推进与农村自治协调并举的农村法治。法治建设同社会主义新农村建设是紧密相联、不可分割的。社会主义新农村建设的进程,本身就是一个农村法治不断完善、发展的过程。本文试从当代中国农村存在的法治问题出发,分析社会主义新农村法治建设对实现农村社会的和谐稳定,推进农村城市化进程,加强改善执政党对农村工作的领导等重要意义,以期对推进社会主义新农村的法治建设进程有所帮助。农村法治建设是社会主义新农村建设的重要内容,是新农村建设取得实效的重要保障。研究探讨新农村建设中如何完善民主选举制度、加强民主决策制度、健全民主管理和民主监督制度、建立权利救济制度、构建农村法治体制,对于解决推进乡村依法治理进程中出现的困难和问题,促进新农村建设和农村法治建设具有重要意义。更多还原

【Abstract】 Agriculture, countryside and farmers’issues have always been the overall and fundamental issues concerning the development of the Party and the people. China is a large agricultural country with long history. Farmers are not only the direct power of socio-economic development, but also an important force for social inform. In China, the majority population is in the countryside. To achieve the objection of rule of law depends on the countryside and mass rural grassroots cadres and the masses of peasants. Although the rule of law makes progress since the reform and the opening up, it still has wide gap compared with the development pace of cities and economic. It serious impact on the establishment of rural market economy and the building process of democracy. The construction of the“New Socialist Countryside”(NSC) is a mayor strategic and historical mission in China’s modernization process by the Communist Party of China Central Committee in order to implementing the scientific development concept and building a harmonious socialist society. The fifth Plenum of the 16th Communist Party of China Central Committee which was held on 11th October 2005 adopted“the Proposal of the Eleventh Five-Year Plan on National Economy and Social Development”, it clearly put forward the great historical mission of NSC construction under the guidance of the scientific development concept to build well-off society. The rule of law plays a very important role in NSC construction. China’s agriculture and the construction of the rule of law in the countryside are backward and have a big gap with the requirements of the rule of law. The process of constructing the NSC should continuously improve and develop rule of law. Specifically, rural law is one of the important parts of socialist law constructions. The construction of the NSC will require a concentration of attention on such issues of law in order to guide, promote, regulate and protect stability and the harmonious development of rural areas. To strengthen the research on the rule of law of the NSC construction and to promote the development of rural law construction is a major and urgent historical task placed on jurisprudence and law to strengthen the research on the legal issues for building the NSC and to vigorously promote the development of the rule of law in countryside.In the constriction of NSC, because there exists huge gap among literacy status of the rule of law in the countryside, NSC construction and socialist harmonious society, the thoughts of supremacy of law and rights-based did not take root in the hearts of Chinese farmers, it leads the construction of NSC faces many problems such as many farmers awareness the rule of law is poor, meaning that farmers do not have equal access to the rule of law and their interests are less advocated. The rule of law is weak in rural areas, as they lack a main rural legal body. Legislation lags behind in the countryside, the enforcement of rural law is difficult and the credit of legal operation is low. The author makes use of practical theory to analyze the significance of the NSC rule of law construction. The article focus on the concept of NSC and its legal issues, the significance of NSC construction to build a harmonious socialist society, construction of socialist country ruled by law, the process of China’s countryside’s urbanization, implementation of the NSC’s important content and a strong system protection, strengthen and improve the Party’s rural strategy initiatives. The article promotes that the society can not be a harmonious society without rule of law, the countryside can not be a NSC without rule of law. In order to accomplish to build a harmonious socialist society must accomplish the mission of rule of law construction in the countryside. The fundamental power of NSC’s development lies in farmers. We should build the NSC through establishing farmers’citizenship and their dominant market position, to make farmers enjoy all the rights and opportunities provide by the law the same as other market players, and obtain all the public products, welfare and security provided by government. Construction of ancillary legal support system, insist the principle of both reduce the amount of farmers and well-off them, insist the principle of anti-discrimination and equal protection, insist the principle of national protection and group rights, insist the principle of economic support and social security to effectively protect the interests of farmers. Through improving the legislative institution-building, sound law enforcement agencies in the countryside, improve the quality of law enforcement officers to systematic construction of the new legal system in the countryside. Through improving democratic electoral system, democratic decision-making system, democratic management system, democratic supervision system, the right to relief system, make villages autonomy close connect with people’s congress system, strictly bound the grass-roots power to make sure the administration according to law. Top-down implementation of the rule of law in the countryside, at the same time, face up to the norms of tradition and order forces in the countryside, give the active response for the diverse law pattern in the countryside adhere to the principle of state power and legal unification. It makes the state and countryside society, national law and civil norms communicate with each other under the opening system, to promote rule of law in the countryside jointly with government promotion and rural autonomous coordination. This article points out that mobilize the whole society in rural areas to promote the rule of law, make farmers cultivate awareness of the law, and to accomplish the construction of NSC from government promotion to countryside themselves. To play the law function in countryside and make them as the basic power in safeguard the rule of law in countryside. Therefore, to strengthen the construction of NSC rule of law not only needs strengthen its legislative work, but also needs strengthen the popularization of law education in order to make people comply with law.All in all, it should strengthen the law function in the countryside in order to ensure put the development of countryside, the construction of countryside and farmers’benefit into a systematic and standardized law environment.更多还原