Standing committee of the national people's congress:
Since its promulgation in november 1998, the organic law of the villagers ' committees of the people's republic of china (hereinafter referred to as the organic law of the villagers ' committees) has played an important role in promoting the autonomy of villagers, whose main elements are democratic elections, democratic decision-making, democratic governance and democratic oversight. The system of village self-government has developed into an important part of the socialist democracy that characterizes china. With the economic and social development of rural areas, in particular the deepening of the rural and urban household registration system and the reform of the rural tax system, new conditions and problems have also been encountered in the implementation of villagers'self-government. It is necessary to amend the organic law on villagers ' committees as soon as possible, on the basis of practical experience。
The ministry of civil affairs and the legal affairs office of the state council have repeatedly sought the views of the central authorities and local people's governments and experts and academics on the basis of their experience in implementing the organic law on villagers ' committees, which has been revised and revised over time to form the revised organic law on villagers ' committees of the people's republic of china (hereinafter referred to as the revised draft). The revised draft was discussed and adopted at the 90th general meeting of the state council on 2 december 2009. The main elements of the revised draft are as follows:
I. Procedures for the election and removal of members of villagers ' committees were further refined
The election of villagers ' committees is an important part of the implementation of village self-government. Based on the practical experience gained in recent years in the election of villagers ' committees, the revised draft provides for the following three aspects:
First, the process for the formation and selection of village election committees has been improved. The revised draft provides that the villagers ' election committee shall consist of directors and members elected by the villagers ' conference, the meeting of representatives of villagers or the meeting of villagers ' groups. If the members of the villagers ' election committee are nominated as candidates for membership of the villagers ' committee, they are withdrawn from the villagers ' election committee and the balance is filled in accordance with the results of the original election or may be selected separately. If the members of the villagers ' election committee do not perform their duties, they shall be removed from office with the agreement of the villagers ' conference, the village representatives ' meeting or the village group meeting, and the balance shall be filled in accordance with the results of the original election or may be chosen separately。
Secondly, voter registration has been added. The draft amendment stipulates that before the election of the villagers ' committee, the following villagers shall be registered for the election: (i) those who are domiciled in their village and who reside in their village; (ii) those who are domiciled in their village, who are registered to participate in the election or who do not reside in their village during the election, and who have been notified by the villagers ' election commission that they have participated in the election or have commissioned others to vote in writing; and (iii) those who are not domiciled in their village, who have resided in their village for more than a year, who have applied to participate in the election and who have obtained the consent of the villagers ' conference or of the villagers ' representatives. The list of villagers participating in the election shall be published by the villagers ' election commission by 20 days before the election day. Any objection to the list of villagers registered to participate in the elections shall be submitted to the villagers election commission within three days from the date of publication of the list and the villagers election commission shall take a decision on the matter within three days from the date of receipt of the complaint。
Thirdly, the procedure for the removal of members of villagers ' committees has been improved. The draft amendment provides that more than one fifth of the village's villagers who have the right to vote or more than one third of the village's representatives may request the removal of members of the villagers ' committees on grounds of recall. Members of villagers ' committees who have been dismissed have the right to present arguments. The village council that voted on the recall request was chaired by the village election commission. The members of the villagers ' committees shall be dismissed, and a majority of the villagers registered to participate in the elections shall vote and the vote shall be valid; the majority of the villagers who cast the votes shall consent to the dismissal. Following the adoption of the recall request, the village election committee shall preside over the by-elections for the shortfall in membership of the village council. The terms of office of the members of the village committees elected by-election shall expire at the end of the term of office of the current village committees。
Ii. Further improvement of the democratic deliberative system
The democratic process is an important system for villagers to exercise their democratic rights and defend their own interests in the village self-government and plays an important role in regulating the villagers ' committees ' inaction or abuse. The revised draft improves the democratic system in three main areas:
The first was to further enrich village meetings to discuss matters decided upon and to provide for village meetings to authorize village representatives to discuss matters decided upon。
Secondly, the composition and proceedings of the meetings of village representatives have been improved. In order to ensure that the system is effective and to enable villagers to exercise their democratic rights on a regular basis, the revised draft provides for the establishment of a meeting of representatives of villagers in villages with large or dispersed populations to discuss matters that determine the mandate of the meeting. The representatives of the villagers shall consist of members of the villagers' committee and representatives of the villagers, who shall constitute more than two thirds of the members of the representatives of the villagers' committee and women representatives of the villagers' representatives shall constitute more than one third of the members of the representatives of the villagers' committee. The representatives of the villagers are chosen either by the villagers at a rate of between 5 and 15 or by the village groups. The village representatives are appointed for the same term as the village committee. Representatives of villagers are eligible for re-election. Representatives of villagers should be accountable to their elected families or village groups and subject to the supervision of villagers. The meeting of village representatives was convened by the villagers ' committee. Meetings of village representatives are held quarterly. More than one fifth of village representatives proposed that a meeting of village representatives should be convened. More than two thirds of the members of the representatives of the villagers shall participate in the meeting, and the decision shall be taken by a majority of those present。
Thirdly, the village group meeting system has been increased. In order to ensure that villagers do their own business in accordance with the law and that their interests are not compromised, the draft amendment adds to the system of meetings of villagers ' groups and stipulates that the management of land, enterprises and other property owned collectively by villagers ' groups, as well as the management of public goods, shall be discussed and decided by the villagers ' group meeting in accordance with the provisions of the relevant law, and that the decisions and their implementation shall be made available to the villagers of the villagers ' group in a timely manner。
Iii. Further improvement of democratic governance and oversight systems
Based on successful experiences of village-level democratic governance and democratic oversight in recent years, the revised draft improves democratic governance and monitoring systems in four areas:
One is the addition of village oversight bodies. The revised draft provides that the village shall establish village oversight bodies responsible for the implementation of the village's system of democratic financial management and public village affairs, and that its members shall have the knowledge of accounting, management and election by the villagers. Members of villagers ' committees and their close relatives may not be members of village oversight bodies. Members of village oversight bodies attend village committee meetings and are responsible for and report to village meetings and village representatives ' meetings。
Second, the content of the democratic review has been refined. The revised draft provides that members of villagers ' committees, members of village oversight bodies and persons employed by villagers or village collectives who bear the benefit of the accident shall be subject to a democratic review of the villagers ' meeting or the village representative meeting. The democratic review is held annually. Members of the villagers ' committees, members of village oversight bodies who have been judged to be incompetent for two consecutive years, should resign voluntarily; if they refuse to resign, they should initiate removal proceedings。
Thirdly, the village record system has been added. The revised draft provides that village committees and village oversight bodies shall establish village files. Village files include election documents and ballot papers, minutes of meetings, land-contracting programmes and contracts, economic contracts, collective financial accounts, collective asset registration documents, capital information, residential use programmes, etc. Village records should be authentic, accurate, complete and standardized。
Fourth, the system of audit of the term of office and departure of members of villagers ' committees has been improved, and matters included in the audit of tenure and departures have been clarified。
In addition, the draft amendments have improved the leadership of grass-roots party organizations on village self-government, the duties of villagers ' committees, the functioning of villagers ' committees and the financial security of village public goods。
Framework structure of the revised draft
There are 30 articles of the organic law on village councils, with no chapter. On the basis of a review of local legislative experience, and in order of democratic elections, democratic decision-making, democratic governance and democratic oversight, the draft amendments are divided into six chapters, namely, “general provisions”, “composition and duties of villagers' committees”, “elections of villagers' committees”, “village meetings and meetings of villagers' representatives”, “democratic administration and monitoring” and “attachments”. This is more conducive to making the design of the system of self-government of the villagers clear。
Please consider the appropriateness of the organic law of the people's republic of china on villagers ' committees (revised) and the foregoing。
