(office of the standing committee of the national people's congress, legal working committee)
1. The right of villagers working in town enterprises to participate in the election of villagers ' committees
Question: i visited the standing committee of the municipal people's congress in the province of kitai city, in the village of zhiqiang district, where more than 80 people from the village were denied one of their fundamental rights by not allowing villagers working in the town's enterprises to participate in the elections for the new elections for the village council. In accordance with article 19 of the organic law on villagers ' committees, persons who are not part of a collective ownership enterprise or an enterprise in a village may not join the villagers ' committees. Should villagers working in town enterprises participate in a new election for village committees? (8 september 1990)
Villagers who live in their villages and work in enterprises in the towns can vote in village committees and have the right to vote and be elected. (28 september 1990)
2. Participation of representatives of each household in the election of members of village councils
Question: article 9, paragraph 1, of the organic law of villagers ' committees provides that the head, deputy director and members of villagers ' committees shall be elected directly by the villagers. This provision is more difficult to implement. It is difficult to conduct elections normally in villages that are not united (sects, sizes, sizes), large and diverse, and often unable to select the cadres who dare to take on good cadres and small family names in small villages. Therefore, could each of the villages be allowed to be represented in the elections, or a group of villagers be allowed to elect several representatives? (20 july 1990)
Article 9 of the organic law of villagers ' committees (pilot) provides that the director, deputy director and members of the villagers ' committees shall be elected directly by the villagers. Article 20 provides that the standing committee of the people's congresses of the provinces, autonomous regions and municipalities directly under the central government shall, on the basis of this law and the actual situation in the region, prescribe the steps and means for its implementation. In accordance with the above-mentioned provisions, you propose that the election of members of the village committees by each household be decided by the standing committee of the provincial people's congress as a means of directly electing the villagers; however, the election of a number of representatives by the village group cannot be conducted. (24 october 1990)
3. Whether the head and deputy head of the village committee could be elected by the village committee members and whether the village committee could convene a meeting of village representatives to discuss key issues for decision
Question: our province proposes to provide for the following in the rules for the implementation of the organic law of villagers ' committees (preliminary):
1. The members of the village council shall be elected by the villagers over 18 years of age, and the members shall elect the head and deputy head of the village council。
In order to follow up on the decisions and decisions taken at the village council meetings, the village council may, if necessary, convene a meeting of representatives of the villagers, with the participation of members of the village council, group leaders and selected representatives of the groups, to discuss some of the more important issues in the work of the village council that are not within the mandate of the village council. The above provision, favorable? (17 august 1988)
Article 9 of the organic law of villagers' committees (preliminary) states: “the director, deputy director and members of the villagers' committees shall be elected directly by the villagers”. In accordance with this provision, the directors, deputy directors and members of the villagers ' committees shall be elected directly by the villagers, and the villagers shall not elect the village committee members first, then the directors and deputy directors。
2. With regard to the holding of meetings of representatives of the villagers of the members of the village councils, the leaders of the villagers ' groups and the representatives of the villagers ' groups, the law does not provide for a decision to be taken by the standing committee of the provincial people's congress. However, the representatives of the villagers cannot take over the functions of the villagers ' meetings. (27 august 1988)
4. Whether or not article 142 of the criminal code applies to electoral offences against the election of villagers ' committees
Question: does article 142 of the penal code apply to offences against the election of villagers ' committees? 25 august 1988
Article 142 of the penal code provides for the violation of the electoral law, the destruction of elections by violence, threats, deception, bribery, or the obstruction of the free exercise of the right to vote and to be elected. Villagers ' committees are grass-roots mass self-government organizations whose elections are not governed by the electoral law and therefore cannot apply the provisions of article 142 of the penal code. (8 october 1988)
5. Participation of persons deprived of political rights in village meetings
Question: our province proposes to include in the organic law of villagers' committees (preliminary) implementation scheme: “the villagers' conference is composed of villagers from the village who have the right to vote”, which we believe will more clearly reflect the spirit of articles 10, 11 and 18 of the organic law of villagers' committees (preliminary). However, some comrades raised the question of whether persons deprived of their political rights could participate in village meetings, which was not explicitly provided for in the organic law on village councils. Can we make it clear in the implementation scheme that persons deprived of their political rights cannot attend village meetings? (9 september 1988)
Article 10 of the organic law of villagers' committees (preliminary) provides that “the villagers' conference shall be composed of villagers over the age of 18 years” and that persons deprived of their political rights may participate in the villagers' meeting. However, according to article 9 of the organic law of villagers' committees (preliminary), persons deprived of their political rights do not have the right to vote and to be elected during the period of deprivation of political rights. (8 october 1988)
6. Can the director of the villagers ' committee resign and, if so, to whom
Question: i am a representative of a commune of my province and at the same time head of the villagers ' committee, and have been punished by the public security authorities for engaging in prostitution. The commune's wish to remove its representatives is complicated and it is decided to resign at its own initiative. Can the director of the villagers ' committee propose to resign? To whom should he resign? (6 october 1993)
A: whether or not the director of the villagers ' committee can submit a resignation, to whom it should be submitted, is not regulated by law. It is recommended that the head of the villagers ' committee submit his resignation to the villagers ' conference and be adopted by a majority of the village's representatives aged 18 or over. (11 november 1993)
7. Whether the head of the village group is a state official under criminal law and can be the subject of retaliation
Q: can the head of the village village group become the subject of the crime of revenge? (12 september 1990)
Article 146 of the criminal code provides that the subject of the crime of retaliation for the crime of victimization is limited to state agents. According to the organic law of the villagers ' committees, the villagers ' committees are grass-roots mass self-government organizations that manage the villagers themselves, educate themselves and serve themselves. The head of a village group is not a state official (and not a state official is part of the village council). As a result, the head of the village group cannot be the subject of a revenge trap. The act of repression against others constitutes an offence and shall be criminalized according to the nature of the act. (13 november 1990)
