论村委会选举中行政干预的法律规制

发布时间：2018-10-15 20:41

【摘要】：村委会选举是我国社会主义民主在农村最重要的实践形式之一。从1988年6月《村委会组织法》颁布试行,村委会选举工作在全国各地农村深入开展,这对保障村民自治、发展农村基层民主发挥了重要作用。但在村委会选举实践中,村民选举权利却常常受到来自基层乡镇行政权不当干预的侵害。本文通过分析村委会选举中不当行政干预现象,发现其形成的主要原因在于:压力型体制、当选者的逐利动机、制度供给不足以及直接民主的局限性。为此,文章建议只有通过确立法律至上思想,完善权力授予的法律机制,选举程序法定化,健全法律监督机制等法律制度设计,才能保障村民选举权的真正实现,促进村民自治的健康发展。本文拟从三个部分进行论述。第一部分先对村委会选举相关理论进行了梳理,然后概述目前村委会选举过程中存在的基层乡镇政府行政干预问题;第二部分以大量案例为支撑,将村委会选举过程中基层政府行政权的不当干预行为分为:不当组织、不当指导、不当确认、不当处理,并对不当干预的原因进行剖析;第三部分从法律社会学角度,提出规制基层乡镇行政权不当干预的法律建议,包括确立法律至上思想、完善权力授予的法律机制等等。
[Abstract]:Village committee election is one of the most important practical forms of socialist democracy in rural areas. Since the promulgation and trial of the Organic Law of the Village Committee in June 1988, the election of the village committee has been carried out in depth throughout the country, which has played an important role in guaranteeing villagers' autonomy and developing rural democracy at the grass-roots level. However, in the practice of village committee election, villagers' right to vote is often infringed by improper interference of administrative power from grassroots villages and towns. By analyzing the phenomenon of improper administrative intervention in the election of village committee, this paper finds that the main reasons for its formation lie in the pressure system, the motivations of those who are elected for profit, the shortage of system supply and the limitation of direct democracy. Therefore, the article suggests that only by establishing the idea of the supremacy of law, perfecting the legal mechanism of the delegation of power, legalizing the election procedure, perfecting the legal supervision mechanism, and so on, can the villagers' right to vote be truly realized. To promote the healthy development of villagers' autonomy. This paper discusses from three parts. The first part of the village committee election related theories were combed, then summarized the village committee election process in the existing grass-roots township government administrative intervention; the second part is supported by a large number of cases, The improper intervention of the administrative power of the grass-roots government in the election process of the village committee is divided into: improper organization, improper guidance, improper confirmation, improper handling, and the analysis of the causes of improper intervention; the third part is from the angle of legal sociology. This paper puts forward some legal suggestions to regulate the improper intervention of the administrative power of the grassroots villages and towns, including establishing the idea of the supremacy of law and perfecting the legal mechanism of the delegation of power.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921.8

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