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Research on Administration Interference and Its Restriction in Villagers Committee Election

Author: XiongKun
Tutor: HeShiQing
School: Huazhong University of Science and Technology
Course: Legal Theory
Keywords: the village committee elections administrative intervention legal advice
CLC: D921.8
Type: Master's thesis
Year: 2011
Downloads: 14
Quote: 0
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Abstract


The village committee election is the greatest democracy practice in Chinese countryside. In 1988,“the law of villagers committee organization of People’s Republic of China”(trial) was issued. Since then the village committee election has conducted all around the rural areas,which has played an important role in the protection of the villagers self-government and the development of the rural grass-roots’ democracy. But in the process of the villager’s committee elections, villager’s election right is usually faced up to the unlawful administration conducts from the state government. In the article,the author focuses on the analysis of the town’s intervention in the village committee elections,and finds that it is largely due to the pressure-model system,the motive of economic incentives,the inadequate legal provisions and the limitation of the direct democracy. To solve these problems,the article recommends that the law institutions should be progressed scientifically. And we must establish the supremacy of law,restrict the state power,improve the special proceedings and perfect the legislative institutions. So that we can safeguard the villager’s voting right and propel the development of the villagers self-government healthy forward.The article is divided into three parts.In the first part of this article,the author starts from the interpretation of pertinent theories and the clarification of relevant conceptions with respect to the villager’s elections. The second part provides an overview of the improper interventions of the local government in the electoral process. And the article also analyzes the reasons for the misconducts of the town’s administration. In the third part,the article figures out some approriate,feasible legislative proposals from the perspective of Sociology of law.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution > Local Autonomy Law
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