In order to guarantee the autonomy of rural villagers, to develop rural democracy at the grass-roots level and to promote the construction of rural socialist material and spiritual civilization, article 1 of the constitution of the villagers ' committees of the people's republic of china establishes this approach, taking into account the actual situation in the province。
The second village council is the grass-roots mass self-government organization of villagers for self-management, self-education, self-serving, democratic elections, democratic decision-making, democratic governance and democratic oversight。
The third is that the communist party of china (cpc) works at the grass-roots level in rural areas in accordance with the constitution of the communist party of china and plays a central leadership role; it supports and guarantees villagers'self-government activities and direct exercise of democratic rights in accordance with the constitution and laws。
Article 4 of the people's government directs, supports and assists villagers ' committees in carrying out their duties in accordance with the constitution, laws, regulations and state policy, but without interference in matters that fall within the purview of the villagers ' autonomy according to law。
Villagers ' committees assist the people's governments in their work。
Article 5 main duties of the villagers committee:
(i) supporting and organizing villagers to develop, in accordance with the law, various forms of cooperative economic and other economy and to undertake the services and coordination of the village's production
(ii) respect for the autonomy of the collective economic organization in carrying out its economic activities independently and in accordance with the law, and the preservation of a two-tiered system of business based on family contracting and integrated, guaranteeing the legal property rights and other legitimate rights and interests of collective economic organizations and villagers, contractors, conglomerates or partners
(iii) management of land and other property belonging to the village's collective ownership and management of village finances in accordance with the law
(iv) prepare and implement village development plans and annual plans for the conduct of village public affairs and public goods
(v) organizing villagers for water repair, afforestation, protection of vegetation, rational exploitation of natural resources and protection and improvement of the ecological environment。
(vi) promotion of the constitution, laws, regulations and national policies, defence of the legitimate rights and interests of villagers, education and promotion of their legal obligations to pay taxes, military service, family planning, flood relief and forest fire protection
(vii) the development of cultural education, the dissemination of scientific and technical health knowledge, the promotion of production techniques, the education of villagers in caring for public property, the promotion of science, the breaking of superstition and the creation of a new culture of socialism
(viii) educating and enforcing villagers ' compliance with villagers ' autonomy charters, village contracts, mediating civil disputes and promoting solidarity and family harmony among villagers, between villages and villages, among nations
(ix) assisting in the maintenance of social security and promoting social stability
(x) convene villagers ' meetings, assemblies of villagers ' representatives to implement the decisions and resolutions of villagers ' meetings and assemblies of villagers ' representatives
(xi) to reflect the views, demands and recommendations of villagers to the people's government
(xii) other duties under laws and regulations。
The article 6 village committee consists of three to seven directors, deputy directors and members. In villages with a population of less than 1,000, villagers ' committees usually consist of three; in villages of between 1,000 and 3,000, three to five; and in villages of more than 3,000, five to seven. The number of specific posts is discussed by the villagers ' meeting in the light of the actual situation in the village。
Women should have an adequate number of members of villagers ' committees, and villages inhabited by multi-ethnic villagers should have a smaller number of ethnic members. Villagers ' committees are formed jointly by several natural villages and their members shall take care of the village situation。
The members of the villagers ' committee shall not have a relationship of spouse or direct family。
The seventh villagers committee and its members shall abide by the constitution, laws, regulations and national policies, act impartially, be honest, serve the villagers in good faith and lead them to mutual enrichment。
The director, deputy director and members of the 8th villagers committee are directly elected by the village's eligible villagers. No organization or individual may appoint, appoint or remove members of villagers ' committees。
Villagers ' committees are elected for a three-year term, and the term of office expires in a timely manner. Members of villagers ' committees are eligible for re-election. Villagers ' committees, which are subject to early or extended renewal due to exceptional circumstances, are submitted by the people's governments of the communes (towns) and approved by the people's governments of the counties (municipalities and districts) with the agreement of the villagers ' conference。
The election of villagers ' committees is conducted in accordance with the method of election of villagers ' committees in shaanxi province。
Following the emergence of the new villagers committee, the last villagers committee shall, within seven days, hand over to the new villagers committee the seal, office facilities, financial accounts, operating assets, data files and other working matters。
The members of the villagers committee under article 9 do not depart from production and are granted a real subsidy or a lost work allowance. The criteria and methods of subsidies can be discussed and decided by the villagers ' meeting, with guidance from the people's governments in the townships。
Article 10 establishes and determines the personnel of the villagers committee on the basis of the need for people's mediation, security, educational hygiene, family planning, etc. Members of villagers ' committees may also serve as members of subordinate committees. Village committees in small-populated villages may have no sub-committees and be divided between members of villagers ' committees。
Article 11 of the villagers ' committee may establish separate groups of villagers in accordance with their residence status, the relationship of collective land ownership and the views of villagers. Villagers ' groups work under the leadership of villagers ' committees。
The village group leader is selected by the village group meeting. The method of selection is first put forward by the villagers who have the right to vote in the village group, and then voted on by the village group meeting. The members of the village group shall have a majority of the villagers whose members are entitled to vote, and the candidates shall be elected from the first day of the voting. The village group leader serves the same term as the village committee and is eligible for re-election。
Village group meetings can replace village group leaders. In accordance with the preceding paragraph, the decision shall be taken by the village group meeting。
The selection and replacement of the village team leader is conducted under the auspices of the village committee。
Article 12, the chief of the villagers' group, is responsible for organizing the group of villagers to administer the land, enterprises and other property collectively owned by the group in accordance with the law, to conduct the public affairs and public goods of the group and to implement the resolutions and decisions of the villagers ' conference, the assembly of the villagers ' representatives and the villagers ' committee。
The 13th villagers ' committee has an accountancy and cashier. Villagers ' groups may have accounting, cashiering and, as required, accountancy, cashier and financial management of village groups。
There shall be no relationship between the accountant, the cashier and the director, deputy director and the head of the village group。
Article 14 villagers ' committees decide on issues and apply the principle of minority obedience to majority。
Villagers ' committees should work along popular lines, fully promote democracy, listen carefully to dissent, insist on education, refrain from forced orders and refrain from reprisals。
The head of the village group decides on important issues and shall hear the representatives of the village representatives of the village group, and shall convene a meeting of the village group to discuss decisions on important matters of interest to the villagers of the village group。
Members of villagers ' committees and village group leaders may not use their positions to facilitate the appropriation of collective property。
The villagers ' committee and the villagers ' group have a public system of village affairs and organization. Villagers ' committees and village groups shall publish the following matters in a timely manner, of which financial matters shall be disclosed at least semi-annually, and immediately upon completion of the material matters shall be made public and shall be subject to the supervision and inquiry of the villagers:
(i) financial income and expenditure
(ii) taxes, fees and services borne by farmers
(iii) allocation of residence bases
(iv) collection of utilities
(v) organization of family planning indicators
(vi) income and expenditure on compensation for expropriation of land
(vii) contracting, leasing and benefits of land, collective enterprises and property
(viii) investment programmes and use of funds for public infrastructure projects
(ix) the distribution of relief funds, pro-poor funds and donations
(x) annual performance of the objectives of the work and subsidies for the persons concerned
(xi) other matters of general interest to villagers。
The 16th villagers ' conference is composed of villagers over the age of 18. The villagers committee is responsible for and reports to the villagers ' conference。
The villagers ' conference has the highest decision-making power over the affairs of the village, but its decisions may not contradict the constitution, laws, regulations and state policies, nor shall they contain elements that violate the personal, democratic and legal property rights of the villagers。
The 17th meeting of villagers is convened by the villagers committee and is usually held semi-annually. Villagers ' meetings should be convened on the proposal of villagers aged 18 or over who need or have more than one tenth of their village. A majority of the villagers over the age of 18 in the village or more than two thirds of the households shall participate in the convening of the village meeting, and the decision shall be adopted by a majority of the participants。
Villagers ' meetings are held and, if necessary, representatives of businesses, enterprises and mass organizations based in the village are invited to attend。
The 18th villagers ' conference shall exercise the following powers:
(i) election, removal and by-election of members of villagers ' committees
(ii) to consider reports on the work of the villagers ' committees, financial receipts and expenditure reports and to consider decisions on village development plans and annual plans
(iii) preparation and amendment of rules and regulations for villagers'self-government charters, village contracts, etc。
(iv) consideration of financing programmes to decide on integrated collection schemes for the communes, collection of village retentions and public goods such as village schools and village roads
(v) consider the establishment of projects for collective economic projects in the village, the contracting programme and the contracting programme for village public goods
(vi) consideration of methods for determining the use of proceeds from the collective economy of villages
(vii) consideration of the programme for the use of compensations for expropriations
(viii) to review the work of members of villagers ' committees and decide on the persons to be subsidized, the criteria and the modalities for the allowances to be paid to the village
(ix) reversing or revoking inappropriate decisions of villagers ' committees and assembly of villagers ' representatives
(x) other matters which the villagers meeting considers should be decided by it。
Article 19 allows for the establishment of a system of representatives of villagers in villages with a larger population or in scattered villages。
The representatives of the villagers are chosen by the villagers on the basis of each of the five to the fifteen households, either by voluntary association or by the number of households according to place of residence, or by the village groups. The village representatives serve the same term as the villagers ' committees. The total number of village representatives is generally not less than 20. Members of villagers ' committees and village group leaders may not also be representatives of villagers。
The assembly of representatives of villagers under article 20 was convened by the village council. The villagers ' committee shall convene a meeting of representatives of the villagers to discuss and decide on matters of interest to them, matters of general interest to them and matters authorized by the villagers ' meeting。
Meetings of village representatives are generally held quarterly. As required or proposed by the representatives of five or more villagers, the villagers ' committee shall convene a meeting of representatives of the villagers。
The first paragraph of this article does not include the matters authorized by the villagers ' meeting under article 18 (1), (2), (3) and (9) of this scheme。
Article 21 villagers ' committees, villagers ' groups have the right to inform the people's government or the people's government of the county (municipality, district) and its competent authorities of the failure to publish or the failure of the villagers ' group to disclose the matter to them, as well as other violations of this method. The relevant government and authorities shall be responsible for investigating and verifying, ordering publication or correction; if a violation is found to have been committed, the persons concerned shall be liable in accordance with the law。
The members of the villagers ' committees and village group chiefs who use their positions to facilitate the appropriation of collective property constitute crimes and are held criminally responsible by the judicial authorities in accordance with the law。
Article 22 of the convention on villagers, the decisions of the villagers' committees, the decisions that are contrary to the constitution, laws, regulations and state policy, are corrected by a time limit ordered by the people's government of the commune (town) or by the people's government of the county (municipality, district) concerned, in accordance with the relevant laws and regulations。
The people's governments of the 23rd county (municipality, district) and township (town) people's governments are responsible for training members of villagers ' committees on the law, regulations and operational knowledge of villagers'self-government. Each newly elected village committee director, deputy director and committee member is trained at least once during their term of office. The training is financed by the people's government at its own level。
Article 24 of the organic law of the villagers ' committees of the people's republic of china and the scheme are implemented by people's governments at all levels, and the civil administration is responsible for the day-to-day work。
The implementation of the organic law of the villagers ' committees of the republic of china and this method is guaranteed to villagers by the law, in the area of the administration of the republic of china。
This approach applies to villages under the 26th city street office。
The issue of the specific application of this approach under article 27 is explained by the civil administration of the provincial people's government。
Article 28 of this act applies from the date of its publication. The shaanxi implementation scheme was also repealed。
