The Research On Administrative Guidance Act Of Town Government In The Election Of Village Committee

China starts to devote to the countryside democracy at the grassroots level construction from the beginning of the 1980's, to the present, it has already formed take "the villagers autonomously" as the central frame design, and develops in the practice. The villagers autonomous take "three oneself" and "four democracies" as the main content. "Three oneself" includes "the self-education, the self-control, the self-service", "four democracies" includes "the democracy election, the democratic decision-making, the democratic management, the democracy surveillance", "the democracy election" is most important.According to the stipulation in our country's "Constitution" and "Villagers Committee Constitutive law", the administrative organ commission enjoys the certain administrative authority in the village election " the 4th stipulation in the "Villagers Committee Constitutive law" shows: "The township, the ethnic township, the town people's government gives the instruction, the support and the help to the villagers committee's work, but does not have to intervene the item that legally belongs to the villagers autonomous scope." This law shows that, the administrative action of the villages and towns government is the administrative instruction behavior in the village commission election. In the actual execution, the villages and towns government's administrative instruction behavior lacks the operational basis, mainly manifests for elects to the village commission "excessively intervenes" the achievement and "ignores" did not take, to villagers' right creates the extremely big violation.This article chooses has the universal significance a document to carry on the detailed analysis, from the legal angle of view, seeking the administration abuse of authority production reason of the villages and towns basic unit of political power to elect in the village commission. The discovery creates this phenomenon the important reason is, under present legal system frame, because in the correlation law, the laws and regulations content too thick line as well as the village relations multiplicity and the complexity, cause the villagers voting right to be unable to obtain the relief, to the administration abuse of authority punishment strength, is not unable truly to perform to it to control. Relief method the and so on constitution relief, lawsuit relief, administrative relief flaw is unable fully to satisfy villagers autonomous practice the need to develop. It avoid this kind of situation the occurrence, mainly begins from following two big aspects: First, establishes the perfect correlation the legal laws and regulations, provides for the administrative instruction behavior may operationally rest on; Second, enhances the village commission to elect the participation main body right consciousness.