基层治理法治化视野下民族地区法治村屯建设研究

发布时间：2018-03-14 16:25

本文选题：基层治理法治化　切入点：民族地区　出处：《广西师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：为顺应改革开放,深化改革,2014年10月在北京召开的党的十八大四中全会上提出了“推进基层治理法治化”的要求,即“全面推进依法治国,基础在基层,工作重点在基层”。俗话说,基础不牢,地动山摇,重视基层治理法治化建设,构建完备的基层法治体系,才能确保基层社会稳定、人民安居乐业。文章第一部分主要介绍基层治理法治化与民族地区法治村屯概述。先介绍了什么是基层治理法治化,从而引出基层治理法治化的三特征是坚持党的领导、建设法治政府、弘扬法治文化。然后介绍民族地区法治村屯的概念,从民族地区法治村屯的概念可以得知民族地区法治村屯具有法治化、民主化、制度化的特征。文章第二部分介绍了基层治理法治化视野下民族地区法治村屯建设的原则与内容。建设民族地区法治村屯要坚持维护国家统一、反对民族分裂的原则,落实民族区域自治的原则,促进民族共同发展的原则,保障杂居、散居少数民族权利的原则。从推进基层民主建设、社会管理综合治理创新、发挥村规民约效力、提高法律意识等四个方面阐述民族地区法治村屯建设的内容。文章第三部分指出当前基层治理法治化视野下民族地区法治村屯建设取得的成就与存在的问题。从基层民主政治得到落实,村民自治效果显著;社会管理综合治理能力得到提高,纠纷得到有效化解;村规民约有效的维持了村屯秩序,有效的补充了国家法的不足;法律意识得到进一步提高论述基层治理法治化视野下民族地区法治村屯建设取得的成就。再从基层民主还不够健全,村委会与乡镇政府、村党支部还不够协调;社会管理综合治理能力得到提高,纠纷解决方式有待完善;村规民约还不够完善,村规民约与国家法还不够相互融合;法律意识有待提高阐述民族地区法治建设所存在的问题。文章第四部分主要分析了基层治理法治化视野下民族地区法治村屯建设存在问题的原因分析。民族地区法治村屯建设存在问题的原因主要包括:自治功能还未充分落实,村民自治制度还存在缺陷;社会治理能力低,矛盾没有得到及时化解;村约制定主体意识不够,国家法对村约存在空白;村民法治文化培育不足。文章最后一部分则指出了基层治理法治化视野下构建民族地区法治村屯的新举措。从完善村民自治法律法规、规范村委会与乡镇政府以及村委会与村党支部的关系,权责要更加明确论述落实村民自治,实现自我管理。从转变政府职能,方便民众诉讼、做到公正司法,完善诉讼外纠纷解决方式阐释推进社会综合治理,完善纠纷解决方式。接着从规范村规民约,国家法与民间法的融合说明规范村规民约,促进国家法与民间法的融合。最后从加大对教育的投入、提高法治宣传质量论述完善加强法治宣传,提高村民法律意识,从而构建民族地区法治村屯。
[Abstract]:In order to comply with the reform and opening up and deepen the reform, the fourth Plenary session of the 18 CPC Central Committee held in Beijing on October 2014 put forward the requirement of "promoting the rule of law by law at the grass-roots level", that is, "comprehensively promoting the rule of law in accordance with the law, and the foundation lies at the grass-roots level." As the saying goes, "as the saying goes, only when the foundation is not strong, the ground is shaken, and the construction of grass-roots governance by law is attached importance to, and a complete grass-roots rule of law system can be built to ensure social stability at the grass-roots level. People live and work in peace and contentment. The first part of the article mainly introduces the rule of law at the grass-roots level and the village by law in minority areas. First, it introduces what is the rule of law by law at the grass-roots level, which leads to the three characteristics of the rule of law at the grass-roots level, which is to adhere to the leadership of the Party. Then introduce the concept of the village ruled by law in the minority areas. From the concept of the village ruled by law in the minority areas, we can know that the village ruled by law in the minority areas has the rule of law and democratization. The second part of the article introduces the principles and contents of the rule of law village construction in ethnic areas under the view of grass-roots governance and rule of law. In order to build the village under the rule of law in ethnic minority areas, we should uphold the principle of safeguarding national unity and opposing national division. To implement the principle of regional autonomy for ethnic groups, to promote the common development of ethnic groups, and to safeguard the rights of ethnic minorities living in mixed and scattered areas. The third part of the article points out the achievements and existing problems in the construction of the village ruled by law in ethnic minority areas under the view of the rule of law at the grass-roots level. Grassroots democracy has been implemented, The effect of villager autonomy is remarkable; the comprehensive management ability of the society is improved and the disputes are effectively resolved; the village rules and regulations effectively maintain the order of the village and effectively supplement the deficiencies of the national law; The legal consciousness has been further improved and discussed the achievements in the construction of the village ruled by law in ethnic minority areas under the view of the rule of law at the grass-roots level, and then the democracy at the grass-roots level is not perfect, the village committee is not in harmony with the township government, and the village party branch is not in harmony; The comprehensive management ability of social management has been improved, the dispute resolution method needs to be improved, the village rules and regulations are not perfect, the village rules and the state law are not enough to merge each other. Legal consciousness needs to be improved and the problems existing in the construction of the rule of law in ethnic minority areas are expounded. Part 4th mainly analyzes the causes of the problems existing in the construction of villages ruled by law in ethnic minority areas from the perspective of the rule of law at the grass-roots level. The main reasons for the problems in the construction of villages ruled by law include: the function of autonomy has not been fully implemented. The villager autonomy system still has the flaw; the social governance ability is low, the contradiction has not been resolved in time, the village covenant formulation main body consciousness is not enough, the state law has the blank to the village contract; The last part of the article points out the new measures to construct the village ruled by law in ethnic minority areas under the view of the rule of law at the grass-roots level, from the perspective of perfecting the laws and regulations of villager autonomy, In order to standardize the relationship between the village committee and the township government, and between the village committee and the village party branch, the power and responsibility should be more clearly expounded on the implementation of villager autonomy and the realization of self-management. Perfect the settlement of disputes outside litigation, explain and promote the comprehensive management of society, perfect the settlement of disputes. Then, from standardizing village rules and regulations, the fusion of state law and folk law explains how to regulate village rules and regulations. Finally, from increasing the investment in education, improving the quality of publicity on the rule of law, strengthening the publicity of the rule of law, enhancing the legal awareness of the villagers, so as to build a village ruled by law in ethnic areas.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.0

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