Research on the Judicial Relief System of Villagers' Autonomy Rights

Starting from the division of the functions of the village committee,the use of self-government rights of the villagers was examined in view of the different functions.Judicial remedies should be screened whether or not the exercise of autonomy,as well as the main disputes in order to determine the specific litigation.The responsibility determination of the villagers' autonomy rights prosecution in different circumstances is put forward.

Analysis on the Offside and Vacancy in the Administration of the Village Party Branch and the Villagers′ Committee in Sichuan Province——Based on Villagers′ Autonomy

In the paper, the researches on the administration scope, the leadership style of the village party branch, the core status of village party branch and the autonomy of villagers′ committee are expounded. On the basis of the empirical investigation of countryside in Sichuan Province, the offside and vacancy of the administration of the "two committees in village" in the villagers′ autonomy are studied tentatively. The results show that the offside and vacancy of the "two committees in village" can be divided into three types, covering the village party branch-dominated, the villagers′ committee-dominated type and the antagonism of the two village committees. The reasons for the offside and vacancy of administration of the "two committees in village" are analyzed, including the fragility of the two committees of the village; the imbalanced power sources of the two committees of the village; the imbalance of the competition for interests of the two committees and the negative effects of traditional politics and culture. The countermeasures are put forward, for example, reinforcing the system construction of rural grassroots organizations; expanding the democratic election modes such as "two-vote system " and "selecting one from the two recommended"; establishing the coordinative and supervisory mechanisms between the two committees in the village and introducing into college-graduate village officials to improve the quality of rural cadres.

The Transfer of Land Contractual Management Rights in Ethnic Village--A Case Study of Ya'ergou Village in the Ningxia Hui Autonomous Region

Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.

Implementation of Villagers Autonomy on Fast Lane——In commemoration of the fifth anniversary of the promulgation and implementation of the Organic Law of the Villagers Committees

It is already five years since the 10-year-old experimental law on the organization of villagers committees adopted in November 1987 by the Standing Committee of the National People’s Congress was made permanent, ending an intense political debate about how much independence villagers committees should be given to manage village affairs and to what extent villagers should be allowed to choose their leaders. It is five years in which the implementation of villagers autonomy as defined by the law proceeded the fastest and the achievements were the most fruitful. Local laws Over the past five years, all places

Action Mechanism of Relation Skills of Villager Autonomy Organizations on Operation Performance of Farmer Households

Through building " relation skills- knowledge acquisition- operation performance",this paper discussed action mechanism of relation skills of villager autonomy organizations on operation performance of farmer households. On the basis of questionnaire survey of 208 farmer households in Guangdong,it studied influence of relation skills of villager autonomy organizations on operation performance of farmer households from hierarchical relation skills and market relation skills,and introduced knowledge acquisition as mediator variables to discuss the influence mechanism. Results indicate that relation skills and knowledge acquisition have positive influence on operation performance of farmer households,knowledge acquisition takes intermediate action on market relation skills and operation performance,while hierarchical relation skills promote improvement of operation performance only through acquisition of explicit knowledge.

Respect for Patients’ Right to Autonomy

In this review article we examine the laws and rulings regarding informed consent.It is well known that the patient must give valid consent to medical treatment;and it is his or her prerogative to refuse treatment even if the said treatment will save his or her life.No doubt this raises many ethical debates and falls at the heart of medical law today.There is widespread refusal of or withdrawal from medical treatment by patients suffering from illnesses,including communicable and non-communicable diseases.In Papua New Guinea(PNG)while a patient has a right to refuse treatment,there is no legal right to demand treatment.The paper seeks to clarify the nature,extent and importance of a patient’s right to respect for autonomy from the practitioner.We will attempt to conceptualise the patient’s autonomy by exploring the legal framework of consent or more specifically informed consent.Where the law of PNG differs from the laws of other parts of the world we have focused on the laws of the former.The legal aspects and guidance by the regulatory authorities apply only to PNG.

Position of Village Regulations and Folk Conventions in the Villager Autonomy System

The Villagers' Charter of Self-government,as a senior form of village regulations and folk conventions,is the general charter of villagers' self-government. It is a small constitution of villagers,so it holds an important position in the villager autonomy system. Such position gives the credit to both historic and realistic objective factors. Rise of state power,vacancy of legislation,accumulation of excellent traditional resources,and democracy and contract spirit in village regulations and folk conventions will certainly accelerate development of village regulations and folk conventions and promote gradual improvement in the villager autonomy system.

The Centennial Protection of Ethnic Minority Rights by the Communist Party of China: An Ideological Exploration

during the different periods of revolution,construction,and reform,under the pattern of unity in diversity,the Communist Party of China has recognized and respected ethnic cultural differences,taken ethnic equality as the moral foundation for ethnic minority rights,ethnic fraternity as the ethical foundation of ethnic minority rights,and regarded ethnic minority rights as an important part of China’s human rights cause.Protecting ethnic minority rights through regional ethnic autonomy and ethnic support policies has not only proved to be an effective way to protect ethnic minority rights but also built up rich and profound ideolog ical resources for respecting and protecting ethnic minority rights.

Village Autonomy:A Quiet Revolution In Rural China

A "quiet revolution" is gathering momentum in China, in which the rural masses are proving to be forerunners in the country’s endeavor to improve and develop its socialist democracy. According to statistics from the Ministry of Civil Affairs, more than 600 million rural people in 31 provinces, municipalities and autonomous regions have over the past decade taken part in elections and reelections of what is known as "villagers’ committees’—organs of selfgovernment by and for the rural population. The ministry has also reported that the voter turnout averages 80％ and in some cases, as high as 95％. Until now, villagers’ committees have been set up in 80％ of the villages across the length and breadth

China Teache Women to Go for Village Autonomy

Li Xiaoyan, the first woman to chair the Yantouzhai Villagers’ Committee in Guzhang County of South China’s Hunan Province, felther heart go pit-a-pat after devouring China’s first book guiding rural women to run for village elections.

Determination of Liability for Violation of “Sexual Autonomy” and Compensation for Mental Damages

At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.

Autonomy and interdependence: quandaries in research ethics

The autonomy of research participants is crucial in research ethics without which it will be difficult to carry out research. Central to the concept of autonomy is the debate on whether the cultural norms of individuals (particularly women) should be given priority in settings where these norms require that researchers should go through male heads such as husbands and traditional leaders. This paper examines issues relating to the autonomy of women in research ethics. It highlights the far-reaching implications of autonomy for women participating in research using Islam as a religion and Africa as case studies. The paper takes a look at what obtains in Ghana and Nigeria as African countries with diverse religious sects highlighting at the same time the extent to which women are autonomous in some Islamic parts of India and Pakistan. The paper stresses that in spite of certain factors limiting the autonomy of women in Africa and Islam, there is need for a more robust account of autonomy. It takes a relational approach to autonomy concluding at the same time that the best way to do bioethics is to be culture-sensitive.

Operationalizing Cultural Autonomy in International Law as a Form of Effective Participation in Decision-Making

According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.

论高校内部治理的症结及疏解策略

高校内部治理是高校治理的重要环节,关系着高等教育的质量和水平。科层制模式下,高校内部治理存在着政府外部行政权传导的高校内部行政权与高校办学自主权之间的矛盾、高校内部学术权力与行政权力之间的矛盾、学生组织与学校党政职能部门之间的矛盾,并表现为人事治理症结、财务治理症结、合同治理症结。究其原因,法治保障的缺乏、行政权力的过分倚重、机构权责不清、监督机制缺乏是高校内部治理矛盾和症结的成因。因此,必须从积极推进依法治校、优化高校内部权力配置、摒弃落后的管理理念与习惯、实现多元主体的治理动能等层面予以疏解。

产权理论视角下传统村落生态产品价值实现的测度与优化路径——以湖南四个典型传统村落为例

传统村落作为人与自然和谐相处的典范,蕴含着丰富的生态产品,如何在乡村生态文明的建设下,把握传统村落生态产品价值实现状况,助推传统村落生态产品价值的实现尤为重要。本研究通过问卷调查、数据分析、实地调查法,基于产权理论划分传统村落生态产品类型,并构建传统村落生态产品价值实现指标体系,同时以湖南四个典型传统村落为例,开展传统村落生态产品价值实现的测度与优化路径研究。结果表明:产权理论视角下传统村落生态产品分为私人生态产品、准公共生态产品和公共生态产品三类,包含生态物质产品、生态文化服务、生态调节服务三要素;传统村落生态产品价值实现的测度差异度低,整体价值实现水平一般,得分在57.08~60.85之间,其中横岭村得分最高,芋头村得分最低。根据价值实现的测度结果与实地调研情况,针对性地提出了旅游开发型与农业主导型传统村落的优化路径,以此助推传统村落生态产品价值实现,促进传统村落的活化与可持续发展。

乡村旅游产业公共性何以缺失?——一项基于村集体注意力分配视角的个案研究

乡村旅游产业的发展具有实现农民增收、促进共同富裕的公共价值,但实践中却频繁出现联农带农效果有限等公共性不足的问题。在重庆市H村乡村旅游“共富项目”案例中,村集体与政府的目标和行动逻辑存在差异,产业实践与村集体有限的治理条件之间发生冲突,导致村集体的注意力分配出现失灵。村集体注意力分配的内生动力不足、价值判断偏差和主体责任模糊导致了乡村旅游公共性的缺失。因此,通过赋权增能实现能力强化、通过共识凝聚实现动力激活,是矫正村集体的注意力分配、提升乡村旅游产业发展公共性、切实实现乡村产业振兴的可行之举。

Influence of Migrant Workers Returning to Hometown on the Changes of Village Social Structure

Based on field survey data of Village Z in Henan Province and from the perspective of the end of villages,we studied the influence of migrant workers returning to hometown on the changes of village social structure from village social interaction and village right reconstruction.Survey results show that social interaction centers of migrant workers returning to hometown for starting an undertaking move outside,which has exceeded the range of rural society of acquaintances and promoted the breaking of the traditional social relationship network " Differential Model of Association".In addition,migrant workers returning to hometown actively participate in building village rights and show more passionate political enthusiasm and practice of modern democratic concept.Furthermore,it not only speeds up disintegration of China's small peasant economy and division of traditional farmers,but also is an important opportunity for realizing farmers' self-ending and village ending,as well as urban and rural integration.

乡村治理共同体视角下农民集体决议法治化的双重样态与实现路径

基层政府、人民法院、乡村自治主体形塑了乡村治理共同体。乡村治理共同体内部理应呈现出的行政行为介入规范自治、司法权力嵌入保障私权、自治主体纠偏回归法治等预设样态,是农民集体决议法治化的应然图景。然而,行政行为偏差、司法裁判冲突、自治秩序混乱等治理乱象表明,治理共同体内部存在的行政机关权责失衡、司法机关审理规则不明、自治主体落实约束制度缺位,已然成为农民集体决议法治化面临的现实困境。立足于村民自治与国家法治的融合发展,以细化权责清单、统一司法规则、完善制度保障为依托,厘清行政机关介入农民集体决议事项的权力限度与责任范围、明确司法机关处理农民集体决议纠纷的案由类型与撤销权客体、强化自治主体重作农民集体决议的内部约束与司法约束,是农民集体决议法治化的重要路径。

政策激活自治:农村公共品有效供给的实践路径——以人居环境整治为例

在农村公共品供给中,一些村庄在政策的牵引下,动员村庄精英和普通村民积极参与公共品供给的民主实践,从而激活了村庄潜在的治理能力,实现了公共品的有效供给。这种现象可称之为“政策激活自治”。公共品供给政策的灵活性、以村干部为核心的组织动员能力以及以小组为单位的内生性治理能力构成了政策激活自治的政策、组织和社会基础。基于公共品分类的视角可发现,政策的牵引效应主要作用于与农民关系紧密、投入较少的建设项目上,而对与农民关系松散、投入较多的公共项目作用有限。政策激活自治的存在,启发我们在公共品供给中掌握政策统一性和灵活性的平衡,区分不同项目与农民的利益链接,通过适当的政策激发村民参与的积极性。