On The Malpractice In The Election Of The Villager Committee And Its Countermeasurements

Villager autonomy, a core of villagers'committee election, is not only a pioneering work of hundreds of millions of villagers but also a great strategy of countryside surrounding city. The villagers' committee election is a starling point, premise and foundation of villager autonomy activities. However, comparative with stormy election practices in village, law study on villagers'committee election still sets fool rarely in academic circle, also the relative legislation work is teetering. Although villagers'committee election has traveled in wind and rain for more than 20 years, and lots of experience and innovation were summed up in regional legislation and practices, we still have had to face these embarrassed situations: firstly, lack of sufficient contribution and accumulation in theory. Law treatises and papers on villagers'committee election are as precious and rare as phoenix feather and unicorn horns; secondly, have not attaching system stepping up in legislation, and relative laws have not butt-joint with it; finally, many outstanding problems in practice, such as the definition of voter qualification, the schedule of session period, the procedure of recall, bribe election, the correction of illegality etc, have not be resolved yet. This paper, applying the basic theories of jurisprudence and constitution, discusses mainly the essential connotation of villagers autonomy, the property of villagers'committee; demonstrates the necessity of consolidated legislation of villagers'committee election; puts forward the specific comments and suggestions on perfecting basic condition of definition of voter qualification, synchronizing villagers'committee election with the members election of county and town people's congress, improving the relief system of villagers'committee election through deeply analysis and thinking on several focus questions which are strong and universal in practice (such as schedule of session period for election, definition of voter qualification, pirate of right etc.) , specially puts forward the viewpoints of rural team and organization as the principal part of legal relationship of villagers'committee election, "Four-condition"of definition of voter qualification and "lour-principle"of voter qualification of villagers from other places; introduces the standpoint of people mediation and relief; and establishes the standpoint of relief system of the Party self-discipline and of election observer etc.