Research On The Legal Protection Situaation Of Villagers' Electoral Right

Since 1982, after rural villagers self-government and villagers committee elections system to be written into the Constitution, the villagers committee election system had become the important way to help villagers to achieve self-government and it is the specific expression of constitutional principle of popular sovereignty and democracy in political life of the rural areas. At the same time, the villagers` right to elect has become an important political right under the Constitution.The paper is based on the theory of villagers committee election system and the villagers` electoral right, and by means of logic and dialectical analysis, the misconduct which offends the villagers` electoral right were summarized, classified and systematically analyzed, concretely consisting of two aspects:firstly, illegal interference with the villagers committee elections by the township government and its staff; secondly, the infringements to the villagers'right to elect in the electoral process by others.Then, we explore the deep-seated reasons for the infringement status of the villagers` electoral right, including reality obstacles such as lack of laws and regulations, imperfection of the villagers committee system, and traditional values, familiarization, etc. Among them, the most critical reason is the lack of legal relief mechanisms for the villagers` right to elect. For that, the author put forward relevant recommendations to consummate the legal relief mechanism of the villagers'electoral right. The villagers` right to elect shall be included to the scope of to the villagers committee election law, criminal law, procedural law and other laws, and the legislation of elections supervision shall be strengthened, so as to ensure that there are laws to go by. On the judicial level, the villagers could remedy their encroached electoral right through civil, administrative and criminal proceedings, etc. On the administrative level, it should be ensured that the villagers could compete the administration organizations and their staff through administrative reconsideration, administrative penalties and petition and other remedies, while in the same time, the legal regulation of administrative guidance shall be strengthened, and administration organ's internal processing mechanism such as administrative sanctions, etc. shall be improved, so as to enable the villagers'electoral right free of illegal interference of administrative power. In addition, the traditional ruling ideology should gradually be changed, and the concept of democracy and legal awareness of the villagers shall be enhanced, and the moral quality of executive staff shall be improved.Overall, as far as the construction of legal relief mechanism of the villagers' electoral right, the content of social system and political, economic and cultural levels shall be taken into account, so as to avoid it out of touch with social realities, to ensure that it could integrate with the actual national conditions of China at the present stage. The final purpose is to make the legal relief mechanism of the villagers'electoral right can continue to be perfect, in order to truly protect the villagers'electoral right and maintain the status of ownership of its people, and promote the harmonious development of rural society, to promote the development of our whole society by the rule of law and democracy.