Recall:the Supervising Logic Of Villagers’Autonomy

Recall is one aspect of a democratic process as well as election, and the establishment of a complete system about removal is the necessary procedure to improve and achieve the electoral process, thereby establishing the benign operation of the removal system is also the important issues of further development of primary elections. It is a manifestation of enhanced awareness of democracy and law for villagers to recall the village committee members. The action that the voter initiative to recall the village committee members reflect the ever-increasing awareness of democracy and the rights of farmer and the gradual formation of the social basis about consciously pursuing democratic rights. The improvement of the village election and recall system will be another weight to consolidate the social basis. Recently, recall events of electoral process in the rural grassroots remind us of the pursuit for political civilization during ordinary people. But our democratic system in rural grassroots has lagged behind the development of times, we have also seen the shortcomings of our system of grassroots democracy while cheering for the awareness of the rights of the masses. Moreover, with the improving of the villagers quality and the awakening of the awareness of democratic rights, recall events will be more and more and some problems will gradually exposed in the recall process of village elections in the future. All of this we can not be avoided.This paper aims at analyzing the dismissal case in the practice of Village Committee Election under the new situation, and sorting out the recalling origins of means, involving conflict of interest, the procedures and mechanisms, existing difficulties, as well as the final protection and adaptation in the process to realize the right of supervision during the rural grassroots masses. Then put forward policy and recommendations for the construction and improvement of villagers’ autonomous system, and perfect views of rationalization for the Organic Law of Villagers’Committees. To achieve the above researching objectives, this paper designs the main elements, as follows:The removal of villagers’autonomy generation. This section research recall background during the process of villagers’autonomy based on legal origin, the basis of system and the practical needs, and support that recall derived from the theory of monitoring rights in the legal principles,the legal norms of Constitution from system and the existing political ecology of village in practice;The removal of villagers’autonomy Game Research.This section mainly analyze the roles of villagers, local government and village officials in the recall process as well as the benefit game;The removal of villagers’ autonomy scale study. This section aims at the set of the recall program, as well as scale in theory from analysis of the removal program;The removal of plight in villagers’ autonomy. This section study the recall problems and paradox in the actual operation, such as the political apathy in the participation of villagers, government action and unlawful interference, system of construction and the rules of conflict, the threshold settings and the limits of alienation;The removal of security research in the villagers’ autonomy. This section mainly explore the improvement from the cultivation of the sense of democracy and capacity-strengthening, the mechanism to exclude the barriers of removal, re-positioning of village function in supervisory authority, the feasibility of judicial relief;About, it intends to solve the following key issues:The removal of the program design, that is to say, removal of threshold setting. As we all know, if the removal of the threshold was set too high or the program was designed too complex, recall would be difficult to achieve, so that the democratic supervision to be empty promise. On the contrary, the removal of the threshold was set too low, and the program design was too simple, recall would be easy started, resulting in village political destabilization. Therefore, we propose that the recall program should be set to Start-Accepted-Review-Convening-Defense-Vote-Published and other sectors under the thought of powers supervised by rights, and make strict rules in the main body of implementation, implementation modalities, implementation steps, the implementation period, so that the recall system play the role of the supervision of villagers and to achieve the political stability of village.To resolve the plight of removal, i. e, effective removal protection. According to the cases, we found some paradox, such as the political apathy in the participation of villagers, government action and unlawful interference, system of construction and the rules of conflict, the threshold settings and the limits of alienation, so to effectively resolve the problem, we should find solutions in the institutional environment outside the program besides a sound and foreseeing system design in the recall program. Such as correctly guide the villagers to perform the right of supervision by the cultivation of the sense of democracy and capacity-strengthening; the need to build mechanism to exclude the barriers for recall in the village politics; weather to re-positioning the supervisory authority in order to develop its function, the need for judicial relief involved in the cases of removal.