Research On The Problem Of Bribery At Villagers' Committee Election In China

The villagers' committee is a kind of local grassroots self-government organization in our country. It is a beneficial attempt for our peasants to explore self-management,direct election and democratic autonomy spontaneously. The system is recognized by the 1982 constitution as the most important component of socialist democracy with Chinese characteristics section. The system has attracted the attention of Chinese and foreign constitutional scholars since its birth, which has great theoretical and practical significance to the study of villagers 'committee, especially villagers' direct election system.In the continuous development and improvement of the village committee, China initially formed a constitutional system as the core, the village committee organization law as the backbone of the legal system. However, due to the lack of democracy in our country, the imperfect legal system and the imperfect design of the direct election system,the phenomenon of bribery in the election of the villagers' committee and the spread of the phenomenon has led to widespread concern and reflection. This article focuses on the subjective perspective of this in-depth study and thinking.The constitution is the guarantee of human rights, in the democratic constitutionalism in the country, every citizen have the right to vote is shall be confirmed and protected by the constitution, is inviolable. The villagers as the main body of rural society,of course,have the right to choose to change the implementation of village affairs committee members of the village committee. The emergence of bribery break this order, so that the villagers can not rely entirely on their own will to exercise the right to vote, the villagers into the tools under the interests of control, the villagers can not be the real implementation of the right to vote. Therefore, to find out what is bribery election, bribery election is how to produce, how to curb bribery, not only the demands of democratic constitutionalism,but also the need for real management. As the villagers committee election bribery form complex and diverse, the legal definition is not clear,leading to practice which identified difficulties and hinder the smooth progress of the study. In order to solve this problem, this paper first based on the concept of bribery in the election of the existing villagers committee,based on the selection of candidates. The main body, bribery object, bribery motive, bribery election time, bribery election behavior, bribery election results six factors to redefine the constituent elements of bribery. And then to X village eighth village committee general election as the empirical basis, through the investigation to collect relevant information to understand the villagers on the village committee election system of the basic situation, summed up the practice of the villagers committee election bribery election type and performance, elaborated bribery election And analyzes the causes of bribery from the perspective of culture and legal system. Finally, the author puts forward the suggestions of combating the bribery election, and fosters the bribery election by cultivating the concept of villagers'democratic rule of law, clarifying the concept of bribery, perfecting the election procedure and election rules, establishing the electoral supervision mechanism and the right relief system.