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Theory Of The Administrative Guidance Behavior Of Township Government In The Village Committee Elections

Posted on:2017-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2336330488450902Subject:Constitution and Administrative Law
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In our country, taking agriculture as country’s base from ancient times to the present, great majority of the rural population, decide that rural social governance is a common problem of past dynasties. After the founding of the People’s Republic of China, great changes have taken place in rural society. The people’s government abolished the system of feudal exploitation and put the land to the each of the famers. The people’s communes were abolished and the village committee system was established with the beginning of the opening up policy. The rural society basically realized the autonomy. Villager autonomy system is the great creation of the Chinese famers during the background of society transformation. It not only meets the needs of modern governance to achieve the organic integration of the party’s leadership and people are the masters, but also is directly related to the harmony and development of Chinese society.The core of the field of villager autonomy is "democratic elections". China’s current committee members generally directly elected by the villagers, but there is huge room for improvement of the quality of the election. There are two main reasons for this situation: the national level and village within society. First "People’s Republic of China Constitution" and the "People’s Republic of China Village Committee Organization Law" give the sacred duty of the executive authorities in the election of the village committee, the "village Committee organization law" Article 5 explicitly states: "Townships, nationality townships and towns of the people’s Government of the villagers’ committee can give guidance, support and help, but can not interfere issues belonged to the autonomy of the village committee according to the law. The village committee assists township, ethnic townships or town people’s government work. " Thus, the township government bears responsibility for administrative guidance in the election of the village committee, the township government and villagers’ autonomy must not interfere with the exercise. In practice, however, first, because the township government staff’s awareness of democracy and the rule are not strong, out of "economic man" to consider the intervention of village committee elections. Second, the lack of legal basis of carrying out administrative guidance because of the defectiveness of relevant laws and regulations led to the emergence guidance and dare not guide the phenomenon. Secondly, because the villagers’ cultural quality and democratic quality is not high enough on the whole, deep-rooted feudal ideas, "Bribery Elections", "clan", illegal canvassing and other issues are outstanding.To solve these problems, we need to improve the relevant laws and regulations, with particular emphasis on legislative procedures to ensure that all aspects of the village committee election, "according to the law." This not only can regulate the township government administrative intervention to prevent the alienation of administrative guidance, but also carry out the relevant guidance for the township government to provide strong legal protection, rights and responsibilities to achieve unity. Increase investment in rural education, improve school conditions and strengthen the faculty, on the basis of existing achievements and then on literacy levels. For the majority of the villagers cultivate democratic literacy, we should adhere to the "Rule of Virtue" principle. We must clearly recognize that the cultivation of civic awareness is not easy, it is a gradual process, which depends on the government’s education and publicity; multi-pronged approach, and concerted efforts to build a democratic political culture village atmosphere. Election workers, candidates and voters should be given the necessary legal sanction for their wrongdoing, which is not only needed in order to achieve justice, but also an education.In this paper, according to this line of thought, first of all, analyze the nature of administrative guidance divergences, using the basic theory of administrative law and historical analysis, defined its nature and content. Then explain the administrative guidance of village township government at the election of villagers’ committee. Taking Anhui Province Village Committee Election as an instance to analyze current difficulties in guiding which are the village township government is facing during elections.Then propose the solutions and suggestions according to the problems.
Keywords/Search Tags:Township Government, Administrative Guidance, Village Committee Election, Legal Regulation, Civic Consciousness
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