Study Of The Villagers’ Electoral Rights Relief Mechanism

Since the promulgation and implementation of the new Constitution and the OrganicLaw of Villagers Committees of the People’s Republic of China (hereinafter referred to as theVillage Committee Organization Law) revised in November1998, rural committee electionsin China has made considerable progress and the villagers’ right to vote has been concretelyimplemented. This is the great progress of China’s rural villagers’ autonomy. But what cannotbe denied is that the thing that in fact villagers’ right to vote can’t get effective relief wheninfringed still exists. This greatly restricts the democracy and the rule of law of the rural area,and is not conductive to the development of rural social stability.Many people have described the rural community. From the modern booklet “RuralChina” written by Fei xiaotong to the contemporary book “the villagers’ autonomy in China”of the Xu Yong, many wonderful description could be found, while very few research on ruralvillagers’ right to vote. Related to the long-term stability of the rural society, rural villagers’right to vote should not be ignored, but the scholars have not been able to pay enoughattention to it. From the relief of the villagers’ right to vote, this article explores thebackground of the relief and the existing legal structure and raise some immature views.This paper consists of three parts. The author made a study on the infringement of thevillagers’ right to vote in the first part. In the content the type of the infringement of thevillagers’ right to vote is summarized firstly and then the reasons are analyzed. In the secondpart the author points out the relief situation of the villagers’ right to vote. The third part is theprescription given for the above problem, namely how to improve and perfect the villagers’electoral rights relief mechanism. The paper proposed when we amend the relief mechanism,we should not only focus on the village committee and the Election Committee, but dependon external organ system, especially the judicial relief.