Abstract:The villagers' autonomy system of China is not only the product of reform and opening-up but also the innovation of constitutional system and the progress of democratic politics. In the context of rule of law, the villagers' autonomy is a rule of “Village Community” composed of all the villagers, and its subject is the villagers on the whole who can exercise their rights to autonomy collectively. This system is featured by a “grassroots autonomy” with specific connotations. The specialty of this grass-roots autonomy lies in that the subject would realize its rights thoroughly where they are not prohibited by law, so it is the right to serf-government be- yond state power and yet under law. Therefore such an autonomy is different not only from that of the Special Administrative Regions under the state sovereignty, but also from the system of regional ethnic autonomy within the same social system, in which the state power has partly been transferred to the autonomous areas.
基金资助:
江苏省社科基金项目(08FXD014);江苏省教育厅社科基金项目(08JB8200004)
引用本文:
刘同君 陶玮 . 村民自治的主体与性质——读《宪政的法理言说》引发的思考[J]. 江苏大学学报(社会科学版), 2009, 11(2): 12-16.
Liu Tongjun, Tao Wei . On the Subject and Features of Villagers' Autonomy-Reading Jurisprudential Statement of Constitution. Journal of Jiangsu University(Social Science Editi, 2009, 11(2): 12-16.