Township administrative guidance on strengthening the three reasons

Paper Keywords: administrative guidance, the township government, village autonomy, and new rural construction
Abstract: administrative guidance of the Government and the legality of the information on their own strengths, to provide guidance to citizens, access to citizens work together to complete a means of administrative tasks. This means for the current township government and villagers in China dealing with the relationship between self-government, build appropriate grass-roots government, to promote the process of farmer's market is significant, a focus on promoting the need for the future.

Sense of the contemporary administrative Law administrative guidance, appeared in Japan after World War II, is believed to be due to the U.S. occupation authorities produced inspired work out, because it is consistent with the state to the strong intervention of non-intervention and then to the soft interference the tide of history, so more attention by all countries.

The definition of administrative guidance has been agreed upon in the academic community now, but some consensus reached, such as: administrative guidance is within the scope of the executive duties of the things, administrative guidance is to achieve a certain degree of administrative purposes, administrative guidance does not have a national mandatory , is a relatively soft administrative acts, administrative guidance has some flexibility in the procedures and administrative guidance relative performance depends on the degree of agreement and work together: and so on.

I believe that, even in the existing theories on the basis of consensus, administrative guidance should also become an important work of township government, in the future further enhance the necessary and possible.'re Listed in the following three reasons.

The coordination of the township government and village self-government relationship
Since the last century, since the early 80s, the villagers self-government in China has achieved great development. It is to improve rural governance model and performance, reduce state administrative costs, and mobilize their building initiative has produced significant results. But, so far , the practical effect of Villagers from the people there is a large gap between expectations, mainly due to a number of important relations have not straightened out, for example, the relationship between village committees and village PArty branch, the relationship between village committees and village PArty branch, the villagers self-government and the relationship between the grassroots people's congresses, the villagers self-government and township governments. limited to this subject, this Article discusses only the last aspect.

<<People's Republic of Village Committee Organization Law "> Article IV:" townships, nationality townships and towns of the People's Government on the work of the village committee to give guidance, support and help, but not interfere with Law are matters within the scope of village autonomy. Villager Committee to assist townships, nationality townships, and towns people's government work. "However, what is" according to the Law are matters within the scope of village autonomy, "the Law is not clear (in fact it is difficult to make clear the requirements). The village committee is elected by all villagers, theoretically it should be subject to the requirements of the villagers, the township government is the most basic level of state power system, it is mainly the instructions should be subject to higher levels of government. Our government is the people's government, from the fundamental interests of the it can not conflict with the interests of the villagers, but after all, the village committee represents local and temporary interests, the Government is likely to reflect the long-term, overall interests, a conflict between the two is not surprising, not to mention conflict of interest in real life than this simple description to be more complicated. So there are contradictions between the township government and village committee is a normal situation.

Both sides in this conflict, the township government as a national resource and authority of formal institutions, it generally is in a strong position. When the township government will clash with the villagers, when most of the villagers elected village cadres are station side of the township government to represent the interests of those who lost the status of the villagers. Thus the existing township government and village self-government relationship has led to the weakening of village autonomy.

For such situations, most of the country to democratic governance out of the abstract Researcher preferences to the township government, as the object of attack, generally claims are: first, the idea of township government altogether revoked on the grounds that "the history of China has always been no less than the county government "and the second, the township government to advocate the agency of county government, no longer has its own independent status, thus avoiding the problem with the people for profits, the third, that the township government appears contradictory on the reasons for Villagers democracy is not enough, as long as the realization of rural autonomy, the question naturally disappear. I think these three views are on the sovereignty of self-government made under the simplistic understanding, and therefore is not desirable:

First, the ancient Chinese regime was no less than the county has a special reason, such as social life is relatively simple mechanism for grass-roots development and other clan autonomy. And to these conditions no longer exist today, and continue to claim no less than the county government had disregard the changing circumstances of ridicule too.

Secondly, the township government to the agency of county government, but as long as the township as a control unit has its own discretionary space, the county government would have authority to it, the end result is that the "sending institution" in name only, the final and implementation of a level of government. we have today, "province" is the Yuan Dynasty dispatched the central institutions (executive secretariat), today's "regional", the history is an agency of the provincial government. But today they are implementation of the.

Third, the township government and village self-government in the conflict go unresolved situation of rural self-government advocates, especially undesirable. Villagers and township government because of the relationship between the essence of civil autonomy and the formal relationship between state power . as long as the relationship did not straighten out, then even cancel the township government, and the implementation of rural autonomy, the autonomy of the township and county-level conflict between the regime will continue to exist, and if the level further increased, this conflict will only become more intense. Villagers and township government relations between the countries is actually a relationship between formal institutions and civil autonomy of the "experimental field." Villagers in the township government and the relationship has not been completely sorted out before blindly risk is too high to promote the township of autonomy, decision-making who would not accept such a proposal.

We can put the affairs of rural area is divided into two categories: The first category is within the scope of the village, the village with its own strength can be resolved, such as the disposal of collective resources, the construction of village roads and so on. However, As the village under the jurisdiction of the economic forces and constraints, this type of "pure village" in fact not much matters. The second category is related with the village, but only rely on efforts to solve the bad village, which may not do not rely on government power. into this category can be divided into two smaller types: The first is at stake, time constraints, had to rely on state coercive power to achieve, such as law and order, environmental protection, family planning and other policies implementation of the second category is the time in nature and not very tight, such as inter-village infrastructure projects Deng Deng. These matters need to ���� auspices of the Government, but does not require Dongyong state coercive power can through administrative guidance to complete.

Through administrative guidance to coordinate the township government and village committee has the advantage of the relationship:
First, avoid the provisions of the law pre-clear between the Villagers and township government permission problems. To China's size, thousands of counties, hundreds of thousands of villages, the situation is vastly different, if it is to the autonomy of the villages in advance to make a clear requirement, then the law is doubtful operability. A village would like to do or can do things, the village does not want to do or B may not be able to do. in the township government and villagers The relationship between self-government, due to the influence of traditional Chinese political culture, but also because the government is far greater than the resources owned by the village committee, the township government in fact has a great advantage. If the township government to move on a pArticular issue, publish information, provide resources to support, then get public support is very high.

Second, the administrative guidance does not require strict administrative procedures, easy and flexible, you can make all kinds of unexpected events prompt response. But simply by the township government or village committee to respond under the formal procedure, the time lag seriously.

Third, the administrative guidance to obtain the consent of relative or third person as a prerequisite to vigorously promote people's democracy consistent with the spirit of encouraging people being the masters. Mo in Sichuan that freedom is one of the fundamental values of administrative guidance: "administrative guidance is a more gentle way of administration, it does not have the mandatory powers, the Chief Executive direction relative mercy of whether to accept voluntary, did not lose their freedom of choice act. "
Fourth, the administrative responsibility of the executive authorities under the guidance of very clear, you can reduce the administrative authority for the administrative costs of the dispute. In general, as long as the executive during the administrative guidance when there is no error or gross negligence, is not liable. Administrative organs do not have to take responsibility for light negligence, and, knowing that if the relative error of administrative guidance is still to follow the guidance, the executive is not liable. way, administrative guidance in fact the responsibility of reducing the risk of the executive. It present, China's administrative organs with goal is the same building.

Second, the coordination of the "limited state" and "strong state" relationship
Township government is the lowest level of state power, to answer "what should be done township government issues", we must first answer "what country" problem.


In human history, early national deified. Countries tend to become God synonymous with, or ancestors of the will of the performance. Country is omniscient and omnipotent, is morally perfect, the national tentacles deep into the aspects of social life, often to residents parents of guardians. This stage can be called all-around national stage. However, when the bourgeoisie economically developed later, they found an omniscient thwart their free competition, the State was required to play a "night watchman" role, not excessive intervention in economic life. In the West, particularly the powerful forces of religion and religious forces that want to contain the secular regime, which supported this idea in terms of ideology (in the name of God). This liberal thought from Adam Smith the West after the mainstream of liberal political thought. After the rise of Keynesian state interventionism has enjoyed their own spring, but with the emergence of stagflation, was severely criticized state interventionism, "meaning the weakest states" and other conservative Thoughts on the resurrection.

This idea reflected in our academic community, that is, the fuzzy boundaries for national rights, intervention and social life is too random defects, advocates "limited government." This in itself is not wrong, but the problem is that, first, have a limited understanding of the meaning of wrong, just understand it as a limited jurisdiction, and the limited nature of management, such as limited liability lack of understanding, the second, the "limited government" as "weak government" may not be appropriate. the complexity of modern life , asked the Government in certain areas should be strong enough.

In the modern world, the government's efforts to gradually increase, the increase in public expenditure is obvious. Fukuyama found that "in the 75 years prior to the 20th century, non-totalitarian state (in fact all democratic countries) the size, functions and range expansion of the .20 century, most Western countries and the state financial expenditure in the United States accounted for only 10% of gross domestic product, strong, and to the 20th century, 80 years, this ratio has risen to nearly 50% (in Swedish social democracy, 70%). "He also found that academics in the West generally emphasize limited government, while most of the world's serious problems is precisely the lack of a strong government, that is, the "State failure" caused. "The real problem is that countries must be weakened in some areas, but in other areas will require strengthening. advocating liberalization of economic reform in theory, economists are very much aware, but at this time the relative emphasis on reducing state intervention, and this is often confused or deliberately misinterpreted to weaken the national capacity for the full. "ridicule and confusion that often contain a certain malicious. reposted elsewhere in the Research Papers Download http:// www.hi138.com the other hand, the construction of township government, is too strong and too weak problems exist, and certain areas on the surface of "too strong" In fact, often because of substance "too weak" caused by. It is Since the state is too arbitrary use of coercive power, which weakened the power of the surface of people's recognition and support of the government, the result is the Government's "weak", it is because the State abandoned his responsibilities in other areas, which this the surface of the "weak" basis for the existence weakens the state, forcing the state to use coercive force too much, which in turn formed on the surface of "strong." To resolve this problem, we must clearly state the duties and countries should be used to solve different problems of different means.

Empirical studies show that township government is to provide public goods most suitable for the subject, because the township government has the financial sources, and the distance between the grassroots and the recent one hand, the jurisdiction of the county government to make up too large, it may be across the board problems, but also overcome village-level self-government institutions lack the financial resources, the scope of the problem is too small [413. "township government, but the current financial difficulties, high administrative expenses, shall provide public goods can not provide, in order to compensate for financial difficulties, the township government had to like act as economic man, nothing beneficial to do something, as long as the profit, nothing daring to do. it is easy to explain why some people seem township government in addition to creating confusion in the future nothing can not go.

Current task, the first step is to use state coercive power of the township government to be strictly limited range, limited government should be building this as a fundamental meaning. In principle, unless it is related to the fundamental interests of the State, not strictly to do so or may be immediately the interests of state and the people will result in immediate and realistic hazards, the general should not directly use state coercive power. Even using state coercive power must follow strict procedures. In addition to these events should be more promotion of soft law, such as government incentives, demonstration, guidance and so on. In the township government generally tight financial circumstances, administrative guidance is undoubtedly the first choice.

Third, coordination of farmers between autonomy and market competition
Since 1978, China to promote the rural contract responsibility system reform, the right to use the land to restore farmers. The work of reform has stimulated the enthusiasm of farmers, and in the short term to change the face of China's agricultural production. However, as the deepening of reform, it is becoming increasingly clear that the pure land contract, or even more radical idea of private ownership of land, are not enough to change the disadvantaged situation of rural areas. Because follow this line of thought "has created more than two hundred million, but independent farmers, small farmers, the vagaries of the market price is not more friendly than the national plan, "" household contract responsibility system will not lead to the development of rural industry. "Pan Wei's view therefore is that the farmers simply cast into the tide of the market economy will inevitably lead to the bankruptcy of farmers more serious, can really make the power of the peasants but to the public into a socialist tradition, this tradition is that the market activities of the government intervention of some special .

Pan Wei's view of the market economy is no doubt that some fundamentalists unhappy. But his views are indeed the basis of logic: You can not imagine knowledge, financial, organizational, and information in all aspects of the farmers at a disadvantage in the "free "actually beat the competition in all aspects than on its strong market players. Some people may say, farmers will be in the market competition becomes more powerful. However, the data show that, in fact, the real wage of farmers into the management of not more than ten percent, the independent business success does not exceed three percent, that is, the peasant class as a whole is a failure and bankruptcy. empirically, Lu Mai township enterprises in accordance with its investigation of the Pearl River Delta also shows that when the village government can use it to set up business administration, human and financial resources, direct provision of land for business and capital inputs, or provide information exchange, credit guarantees, security, and many other services. People know groups such as the United States and successful enterprises, it is with deep government sources.


Villagers can not guarantee a reasonable solution to this problem. Rousseau, when in comes to democratic self-government had repeatedly said: "People always desire their own happiness, but people can not always see what is happiness. Public will never is correct, but that the judge does not guide the public will always wise. "The general will and the public to solve this contradiction between Italy, an important premise that" people are able to understand and discuss the situation " . in the village self-government under the conditions of farmers and of course, are eager to pursue their own happiness, but limited to their own conditions and resources, how can they achieve for their own happy life is not really very aware of. Local Government should assume their advantages in information, production and life of the villagers to give guidance. not the township government to make decisions instead of the villagers, but to give them "fully informed" of the opportunity. We are opposed to mandatory random, but not opposed to the guiding faith .

As a result, the township government in a certain tension among the roles: on the one hand it can not ignore the farmers in the overall tide of the market economy to become bankrupt, on the other hand it had to the requirements of the market economy in all market players maintain the necessary neutrality. it must strike a balance between the two. administrative guidance is an important means to achieve this balance. the one hand it can give farmers adequate information and action programs, on the other hand respect for the farmers market dominant position. to social functions, the state's role should be to provide public goods, or market players reluctant to provide, not to provide personal items. Among all the items, the most important two categories: rules (system ), the second is information. these two items appear in the new system, schools, the basic aim is to reduce transaction costs. farmers due to their own characteristics, to participate in market activities, transaction costs are particularly high, but their commitment to the transaction costs capacity and very weak, not to mention a profit from the transaction costs. At present the activities of farmers involved in specialization, township occupies a very important position, such as the status of the market town of Luzhou, Chongqing Dazu County, Long Town are very typical example. So the Government should strive to township level to strengthen administrative guidance, promoting market-oriented farmers, the peasants became the winner of a market economy.

The reason why some scholars have pointed out that the administrative guidance began in earnest in Japan, the fundamental reason is that Japan's national identity and political culture, including the Japanese people for the executive and the only government officials on a strong sense of awareness and respect. In fact, Japan and China in the culture are homologous. to China's political and cultural traditions, the people on the official has the authority and legitimacy of extraordinary confidence. Even the weakening of political trust that the Chinese peasants scholars also noted that farmers in the central level, the ruling party itself, the overall value of the political system does not weaken the concept of trust [91. township government in the face of political pressure on the trust issue, but not doing nothing. in a variety of information channels, the government information often have an overwhelming advantage. for now information resources to grasp the circumstances, the Government have mastered the subject than any more rich information. Therefore, the government through administrative guidance to guide the market to the possibility is very great. reposted elsewhere in the Research Papers Download http:// www.hi138.com