法治视野下新农村治理机制研究

发布时间：2018-04-21 09:45

本文选题：法治 + 新农村　；参考：《曲阜师范大学》2015年硕士论文

【摘要】：我国自党的十五大报告将“依法治国”确定为治理国家的基本方略以来,一直从各方面不断坚持和完善这一治国方略。经过不懈努力,目前已经形成了具有中国特色的社会主义法律体系,并在此基础上向构建社会主义法治体系的方向发展,以全面推进依法治国方略,实现中国的法治建设目标。而这一目标的实现,重点和难点都在农村,因为目前我国农村地区存在地域面积广大、人口众多、经济相对落后且发展不平衡等等各方面的的现实困境,这些现实困境决定了农村地区走向法治化是一项难题,这也是我国实现法治化的最大障碍。因此,必须重视农村法治化问题,而农村治理的法治化则为其中一个重要方面。为了全面推进农村社会的发展,我国在提出解决“三农”问题的基础上,提出了全面建设社会主义新农村的方略。新农村建设是一项系统工程,需要推动政治、经济、文化等各方面协调发展,这必然需要借助法律的力量,需要将新农村建设放在法治的范围内推进,新农村的治理机制也应在法治范围内加以完善和改进。我国自上个世纪八十年代以来,已经通过《宪法》和《村民委员会组织法》等法律逐步确立了在农村地区实行以村民自治制度为核心的“乡政村治”的法治治理机制,这种农村治理机制在总体方向上是符合法治发展的历史规律的。然而,由于种种历史原因和现实原因,这种治理机制在实施推行过程中出现了异化,当前现实实践中的农村治理与法律规定的治理机制出现很大的差距。在当前的农村治理过程中,普遍出现了依托法治之外的各种现有强势力量治理的现象,使得法律规定的治理机制流于形式,我国当前的农村治理方式势必需要转变和完善。鉴于当前农村治理机制出现变异的弊端和原因,我国的新农村治理机制应当在选择“政府社会互动型”的法治推进路径的基础上,通过完善各种具体的推动方式使新农村治理机制走向法治发展道路。本文主要分为四部分:第一部分阐述了当前农村地区依托各种法治之外的现有强势力量进行治理的现象及其产生的弊端;第二部分着重探讨了当前农村治理现状出现的原因;第三部分分析了我国新农村治理机制走向法治治理的必要性;第四部分通过分析当前法治推进路径的模式选择,提出我国当前新农村治理机制走向法治化的具体推动方式。本文的创新之处在于通过分析当前农村地区普遍依托法治之外的现有强势力量推进治理的现象,从法治的角度探讨和分析阻碍新农村治理机制走向法治化的种种原因,并提出新农村治理机制向法治方向发展的具体推动方式。
[Abstract]:Since the report of the 15th National Congress of the Communist Party of China defined "ruling the country according to law" as the basic strategy of governing the country, we have been constantly adhering to and perfecting this strategy from various aspects. Through unremitting efforts, the socialist legal system with Chinese characteristics has been formed at present, and on this basis it has developed towards the direction of constructing socialist legal system, in order to advance the strategy of governing the country according to law in an all-round way and realize the goal of China's legal construction. And the realization of this goal, emphasis and difficulty are in the countryside, because at present, the rural areas in our country have a large area, a large population, a relatively backward economy and unbalanced development, and so on. These practical dilemmas decide that it is a difficult problem for rural areas to move towards the rule of law, which is also the biggest obstacle to the realization of the rule of law in our country. Therefore, we must pay attention to the rule of law in rural areas, and the rule of law in rural areas is one of the important aspects. In order to promote the development of rural society in an all-round way, our country puts forward the general plan of building a new socialist countryside in an all-round way on the basis of solving the problem of "agriculture, countryside and farmers". The construction of new countryside is a systematic project, which needs to promote the coordinated development of politics, economy, culture and so on. It must rely on the power of law and put the construction of new countryside within the scope of the rule of law. The governance mechanism of the new countryside should also be perfected and improved within the scope of the rule of law. Since the eighties of the last century, China has gradually established the rule of law governance mechanism of "village governance" in rural areas with the core of villager autonomy system through the laws such as the Constitution and the Organic Law of villagers' Committees. This rural governance mechanism in the overall direction is in line with the rule of law development of the historical law. However, due to various historical and practical reasons, this governance mechanism has been alienated in the implementation process, and there is a big gap between the rural governance in current practice and the governance mechanism stipulated by law. In the current process of rural governance, there are a variety of existing strong power governance phenomenon outside the rule of law, which makes the governance mechanism prescribed by the law become a mere formality, and the current rural governance mode of our country is bound to be changed and improved. In view of the malpractice and reasons of the variation of the current rural governance mechanism, the new rural governance mechanism of our country should be based on the choice of the "government social interaction" law promotion path. Through the improvement of various specific ways to promote the new rural governance mechanism towards the development of the road of the rule of law. This article is mainly divided into four parts: the first part describes the current rural areas rely on the existing strong forces outside of the rule of law to govern the phenomenon and its drawbacks; the second part focuses on the current situation of rural governance reasons; The third part analyzes the necessity of the new rural governance mechanism of our country towards the rule of law, and the fourth part, through analyzing the mode choice of the current advancing path of the rule of law, puts forward the specific promotion mode of the new rural governance mechanism of our country towards the rule of law. The innovation of this paper lies in the analysis of the phenomenon that the current rural areas generally rely on the existing strong forces outside the rule of law to promote governance, and from the perspective of the rule of law to explore and analyze the various reasons that hinder the new rural governance mechanism to rule by law. And put forward the new rural governance mechanism to the direction of the development of the specific promotion of the rule of law.
【学位授予单位】：曲阜师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D422.6

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