Analysis Of The Villagers The Right To Vote, Judicial Remedies

It is a great progress to our country's democracy that the villages carry out villagers-autonomy policy and the villagers have rights to elect directly members of the villager committee. However, compared with the regulations of villager elective fights, there is a great shortage of regulations about the insurance and relief of these democratic rights in the villager election. It is a huge regret that in China, the law of villager election involves the constitutional rights of more than 900 million villagers, but up to now, this basic democratic right couldn't be safeguarded and relieved through judicial relief mechanism. In order to fight better with the infringement of villager election rights and safeguard these rights, our country should make and improve the judicial relief system of villager elective rights as soon as possible.The second part of the dissertation is about "the violation of election law in village election", which is demonstrated in the following three parts. The first part gives a definition of violation in villager election. The second part makes a classification of the village committee conduction of violation of law in the process of election. The third part discusses that either elective disputes or violation of election law has great harm which not only disturb the process of election, increase the cost of election, but also it damage the villagers confidence of autonomy system, which impairs the villagers interests, and even more serious, leads to the instability of the villages.The third part of the dissertation is about "the relief of villager elective right", which is divided into 4 parts to demonstrate. The first discusses the necessity and advantage of relief by oneself, but it is not flawless, its cost is high and its authority is low. The second part discusses the authority relief It is a kind of macroscopic, indirect and collective way of supervision which is easy to appear responsibility ambiguity and low of efficiency. The third part discusses the relief done by administration. It contains many kinds of method, for example, administrative punishment. Though it has the advantage of authority and specialization, it still has a fatal disadvantage which is "to be the judge of the case of your own". The forth discusses the judicial relief. As other relief ways, it is also not perfect, but it is much more lawful, impartial, thorough and superior. The forth part of the dissertation is about "the inevitability of judicial relief at villager committee", which is demonstrated in two parts. The first part discusses about the necessity of judicial relief from four perspectives. First, if the judicial relief is not existence, the other relief ways couldn't run effectively. Second, it is also necessary to draw into judicial relief from the proverb which is "there is right, there is relief'. Third, it's difficult to realize actual effect and just, because both administrative relief and authority relief have the fatal disadvantage which is "self-supervision". Forth, the large quantity illegal behaviors at villager committee elections require judicial relief urgently. The second part is about the feasibility ofjudidal relief. The author believes that the villager elective right is a kind of constitutional, political and autonomic right, which can not be the obstacle to judicial relief. Furthermore, judicial relief has already been appeared in reality.The fifth part of the dissertation is about "make the judicial relief perfect", which is divided into two parts. The first relates the situation of judicial relief in village election. According to the author, there are two problems existing in the current judicial relief system, namely, the narrow space that the judicial organs offer, and the discrepancy of relief that courts from all over the country present. The masons are the lack of law and the diffculties in practice. The second part is about how to make the judicial relief more perfect. The author believes it should set from two level, practice level and ideal level. As the former for example, the author think it is necessary to draft new laws and amend the original laws. At the same time, we should unify the relief way of villager elective right and citizen elective right, which means that the villager elective right can be protected by three lawsuit----civil lawsuit, criminal lawsuit and administrative lawsuit. As the latter for example, the author believes our country should set up constitutional lawsuit in the long run, became it is improper to bring the elective right into the civil lawsuits. As a result, the author thinks our country should make the election lawsuit as a independent one which should be included in constitution lawsuit.