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On The Villagers' Elective Franchise And Its Legal Protection

Posted on:2007-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2166360185980819Subject:Law
Abstract/Summary:PDF Full Text Request
Doubled with the booming of the villager's autonomy, the villagers' elective franchise turns into a constitutional right. Besides its political, competitive, legal and limited nature with which the citizens' elective franchise shares, the villagers' elective franchise is the legally social political right that villagers take and exert in the election of the members in a committee of the villagers ,a villagers' convention , a villagers' group and so on , which reflects the economical relationships in villages and characterizes the social political right, autonomous right, economical right. There are great differences between the villagers' elective franchise and the citizens' elective franchise as follows: the nature of the right and the law that deals with; the subject identity and the organization; the connection relating to economy; the method of exerting rights and influences from NGO.That the villagers' elective franchise has osculation relation to economical interests provides continuous stimulus for the development of democracy. But during the booming of direct election in the village, the villagers' elective franchise has also suffered from infraction of different level, which chiefly resulted from the illegal activities that administration and its work personnel enforce, and still other bodies. The imperfection of the electoral law and regulations, the alienation of the administrative guidance and the negative effects resulted from ineffectiveness of supervision and redress, are the main causes.The villagers' elective franchise is controlled by state power when it is growing. Therefore we chiefly discuss the causes from the outside. Firstly, the legislation should be perfected, including the clarification about the regulation of constitution, the unification of the electoral law of committee of the villagers as well as the specification of the criminal law. Secondly, the administration guidance should be stated clearly and definitely, including clarifying the ambit and constructing the program control of the administration guidance. Finally, civil procedure law and administrative litigation law should be perfected on the foundation of fully knowing the important role of the action in the right protection.
Keywords/Search Tags:the villagers' elective franchise, social political right, infraction, the perfection of the legislation, the clarification of the administration guidance, the mechanism of the legal protection
PDF Full Text Request
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