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Qualification System of village election law

Summary : At present, the electoral system Villagers there are still some problems, especially in terms of village elections qualification system set up around the many obstacles, such as residence, length of residence, the villagers of obligations, such as the original place of residence qualification, the regulation of these restrictive conditions, to a certain extent, hinder the exercise of the rights of the villagers. Village elections to determine eligibility is the key to the implementation of political rights and economic rights of phase separation, but to safeguard and protect the villagers to vote for electors and candidates must be eligible for the respective rules and regulations, and to exercise the voting rights of residence as the geographical conditions, the right to vote in the village by damage to provide effective judicial remedies.
Keywords : Villagers; electoral qualification system; political civilization; legal system

What elections? behavior What is the village-level democratic elections? Village is subject to legal norms of democratic elections and to protect the interior of the village self-government election [3]. The right to vote is a political right. Political rights are the product of historical and moral, civil society, the rights of individual authorized to rely on the political system of the social justice and practices [4]. If the originated in Fengyang rural household contract responsibility system is to give the majority of farmers (I believe that farmers are a Sociology the concept of the villagers is a legal concept. Although the two are used in different fields, but extension of speaking, they are neither the same relationship, nor is it included or between species, but a cross-relations) to create a major economic power, then, to expand rural grassroots democracy, the implementation of autonomy, given the majority of the villagers the right to vote is building the socialist democratic politics with Chinese characteristics, another great innovation. Needless to say, the electoral system of village self-government both in the traditional sense would be of the electoral system improvement and complementary role to play, how would the political civilization of China and democratic rule of law play a strong role in the promotion. It should be noted, however, due to the design of the village election qualification system is not very scientific, can not really lead to some villagers the right to vote in their electoral qualification was no reason it difficult to be effectively deprived of the maintenance and relief. This article is from this sense of departure, from a legal perspective on the status of the village election system considerations, and some rational thinking.

First, the existing qualification system of village elections defect

the right to vote and stand for election, according to law, except persons deprived of political rights. According to the understanding of this provision is generally believed that the villagers to become voters (in the usual sense of voters in the election of deputies to the NPC is the right to vote of people, expressed in this article for convenience, let us borrow this concept) should meet the following minimum conditions: first, the age limit. Must be 18 years of age, the villagers are at least 18 years of age, to the village village committee election day this point in time shall prevail, while the villagers to determine the date of birth, in principle, Youyi identity card, identity card on the date when the account The date book is inconsistent, the booklet shall prevail. When the booklet on the date of the registration date and inconsistent with the police station to police station for registration shall prevail. Because the station's ID card registration is done booklet and take basis. Second, the territorial conditions. Must be a village villagers. Third, the political conditions. That have not been deprived of political rights according to the law of the villagers. Check if it is deprived of political rights, the legal judgments to the judiciary subject, not of sentences for a variety of serious crimes to be detained for investigation, prosecution, sentencing the man, the People's Procuratorate or the people Civil Court decided to stop in custody to exercise voting rights, but the court must issue an official letter Procuratorate or decision. Fourth, the physical condition. During the onset of psychiatric patients to stop exercising the right to vote, but to be recognized by the medical certificate, to be resumed the exercise of the right to vote after the normal spirit.

theorists and practitioners in general on the first, third and fourth conditions of little or almost no understanding of controversial debate, this article does not elaborate on this. While the second condition, that is what the villagers, because the law does not make specific regulations, but their understanding was all over, . Look through the personality similarities, although the identity of the villagers around the definition of the conditions is not uniform, but the summary, the territorial status of the villagers identified the following four conditions are covered: first, a village household registration; second obligation is to fulfill the village; Third, a certain period of time in the local residence; fourth, made the election of domicile issued by the qualification. Where one or both meet the above conditions with only a few elections in the place of residence registration. So, these conditions are harsh settings, in other words,[link widoczny dla zalogowanych], this will be constrained by the rights of villagers to exercise it? The author believes that the settings of these unreasonable conditions, on the one hand conflict with the law, it also negates the rights of a considerable part of the exercise. Therefore, it should be clean and abolished.

1. On the village household. New China's household registration system is a product of urban-rural dual structure,[link widoczny dla zalogowanych], with the typical characteristics of the times, based on its established in 1958 promulgated the Objectively speaking, the traditional background of the household registration system under the planned economy, social stability and the status of agriculture as the foundation to ensure that indeed played a However, with the development of market economy, originated in an agricultural society and the traditional planned economy, the household registration system has obviously can not meet the needs of the times [5]. In particular, China in 1998 signed the freedom of residence. Therefore, in order to achieve social Human Resources and the rational allocation of human resources and the citizens In order to conform to the trend of development, a growing number of cities and regions began to reform the existing household registration system, some provinces simply cancel the registration for the residents of rural household unified household registration, so if only emphasizes rural household, is bound with the tide of household registration reform the opposite direction. The reason why the provisions in practice in many parts of the right to vote in the domicile, a very important consideration is to ensure that the vast majority of people able to enjoy political rights. But should be seen as the development of social life, the acceleration of migration, living in one village, people who do not to have the village household, while the real people who have a village household may not be living in the village. If only emphasizes the right to vote in the domicile, then many people it is possible to exercise the right to return home, while the toll is bound to increase their expenditure burden. Economics from the system point of view, if people engage in certain behaviors, to pay a certain cost, the return has little or no return, they are unwilling to engage in the act. Objectively speaking, the exercise of the right to vote of the majority of the villagers, the return is very small, whether implicit or explicit. Therefore, the confined conditions of household registration limit the exercise of the right to vote, based on consideration of cost reduction, a considerable number of people may abandon the exercise of rights. Our age is a time to the right is a democratic consciousness of the era. Tocqueville wrote: any way to enable people to develop with the right ideas, and that this approach can be remembered for, it was found that all the people can only exercise this right of equality. If the threshold is too high to exercise the right to vote if not out intention to give up some of the people to exercise their rights is inevitable. Not to exercise the right, the idea of democracy come from? System of protection of another expression? The same time, from another point of investigation, assuming that a person's residence to the A,[link widoczny dla zalogowanych], B but to live a long life, if the A person registered in the election to exercise the right to vote if their significance. Because the right to vote to set the election fundamentally capable person in terms of local management, if long-term is not local, that voters can not know for being, even if an understanding is partial, vague, carried out in this situation vote, the effect can be imagined. In this sense, consideration, nor can the general household as the basis for electoral registration.

2. On the length of residence. Whether it is In one view, China's ,],[And this view is exactly the same in many places such as Qinghai, Anhui and other places outside the provisions of the electoral methods must have resided for six months in the local to the right to vote. The reason why such a requirement, its purpose is to make the election in a relatively long period of time, candidates and election issues on a specific and comprehensive understanding. Although the starting point is good, but the operation is often counterproductive effect, not only fail to help candidates understand the purpose of, but may make some people can not exercise their rights. I think the implementation of autonomy, the principle of universality should proceed in order to protect the widest range of people able to effectively exercise the right to vote their duty to maximize encourage and guide people to exercise the right to vote, rather than arbitrarily deprived of, restrict exercise of the right. Citizens exercise their right to vote on the premise that elections are to enjoy the right to know. To meet the needs of citizens the right to know, you have to set up the right to run [7]. Unfortunately, our current lack of public speaking electoral system, in other words, the election of candidates to understand the lack of a way. If you do not change the existing mode of election, even if certain period of time required to reside for six months or longer, it is difficult to make the election of the candidates have a full understanding of ideas. Because if the lack of a communication channel, even generations living in a place people can not understand each other, especially in today's society increasingly frequent movement of the case, let alone live in one place only six months it? Therefore, the key to solve the problem is not the length of residence, but in the way of reform candidates. Open electoral system should be actively explored, so that the village intends to campaign through radio, speeches published in its among the contenders for the comparison and selection of full, rather than the way by setting the length of residence to prevent the villagers the right to vote. Otherwise, wishful to the provisions of length of residence, so that voters understand the candidates will only be more harm than good, the result will be poles apart, farther and farther away from the intended purpose. From another perspective, length of residence requirement is also associated with the Constitution and the law conflict, because the Constitution and related laws have been made on the length of residence, prohibition. Lower than under the higher law law, law must be subordinate to lower the legal principles of higher law, which granted local laws and regulations should be repealed.

3. On the election qualification. Many local laws and regulations, foreign workers the right to vote in place of residence, you must obtain proof of domicile and eligibility for election to exercise their electoral rights have not yet proved. In view of these legislators to provide the two proved to be in order to achieve the following purposes: (1) is to avoid being deprived of political rights or decisions of the judiciary can not exercise political rights of the people the right to vote; (2) is In order to avoid duplication of the right to vote from happening. The author believes that this concern somewhat unfounded, unnecessary. An election because of contact with the vital interests of the elections is not large, the enthusiasm of voter participation is not high, repeat the exercise of the right to vote and rare phenomenon in China. Two is that the election to obtain the original domicile qualification, he must pay certain costs, to reduce their burden, the current economic developed areas than some people are willing to run thousands of miles to return home, other people are generally very few willing to come back. Therefore, a certain sense, the surface of such a provision is to prevent duplication of certain people the right to vote or be deprived of political rights to exercise the right to vote, in fact, may be unworthy, leading to other villagers also difficult to exercise the right to vote. Even if there is no right to exercise, repeat the exercise, and this is certainly at this stage, very few of the phenomenon. Design of the system can not be abused to circumvent the rights of a handful of people, sacrificed the interests of most people. On this issue, I think it Bingcheng Ning can indulge a bad person, but it will not be wronged a good application of the law principle. Of course, the draconian laws illegal operation to crack the problem, we must proceed from a system perspective, the good system design. One solution to meet the needs of building personal credit, will be deprived of political rights and political rights or restrictions included in personal bad credit record information, and available online for the Election Committee inquiries. Option II is in residence eligible to be registered by the election ID card, and then communicated by the domicile of the village election committee or judicial authorities above the county level there is no objection to registration of the election. Option III is unified around the country on election day or on election day reducing the time interval as possible, consistent with the country's election time. Of course, such programs may by election day in some areas in advance, so that part could have been the villagers aged 18 years and can not advance because of the time to exercise the right to vote. At the same time, there are so many villages, the situation is different, considerable difficulty unified, easy operation.

4. On the village obligations. Many local villagers are to fulfill obligations as a necessary condition to exercise the right to vote. Such as Hebei Province, the candidate should have one of the conditions is to observe the Constitution, laws, regulations and state policies, leading the villagers to fulfill obligations. The same rights and obligations is an important legal principles, without a doubt, this should be generally followed in the election. But the crux of the matter here whether the obligation to fulfill the so-called means an obligation that the villagers turned over the agricultural tax, the three mentioned five systems, the national family planning policy to comply with it? I think the answer is no. Obligation should be specific to the villagers here in the course of the exercise of voting rights obligations to be followed, for example, the process of the election shall not by threats, bribes, forged ballot papers and other improper means, and obstruction of the villagers the right to vote, be elected; not alter the election to take Register spy ballot, private Cypriot vote, such as intentionally false counting votes for candidates elected or unsuccessful error. All these constitute the exercise of their obligations under the right to vote. As regards the violation of family planning policy or fails to pay the agricultural tax in full when you put five or three systems of the villagers, I believe that it was still the right to vote and stand for election, because it is the legal relationship between the two. Provided they have the statutory qualifications, and no limit to the case of the exercise of the right to vote, even if not to perform or complete performance of the villagers, the so-called obligations, the right to vote shall not be denied or restricted. As regards the violation of the relevant regulations or village self-government charter, the behavior of village rules, of course, the relevant provisions of its acceptance shall be punished, but never because someone in the other legal relationships to fulfill corresponding obligations are not to be easily applied to the enjoyment of the right to fulfill their obligations the legal principles on the price away deprived of their right to vote, or for him, is extremely unfair,[link widoczny dla zalogowanych], but it also violates the principle of punishment no longer legal. In addition, even in the place of residence did not mention five or three to pay the agricultural tax system of the outsiders, I believe that it should enjoy the right to vote. One important reason is that some people with local social and public life has been the formation of a certain interest in the election and capable people to manage the residence of public affairs, this is where to set the intention of the electoral system. Therefore, if the villagers to perform obligations and whether to exercise the right to vote can not be pre-conditions.
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