村委会选举的村庄治理本位:从户内委托辩难走向选举权利祛魅

Village Governance Basis of Village Committee Election:Debate on Family-member Proxy Voting and Disenchantment of Voting Rights

《村民委员会组织法》修订前后对户内委托制度正当性的争议,表明实现村民选举权利无法作为村委会选举制度的根本目标。本文由此质疑村委会选举制度所内涵的"选举权利中心论",重新理解村委会选举制度的诞生及法制化进程,将保持村庄共同体、改善村庄治理恢复为该制度的根本目标。选举权利中心既不可信,也不足取,村委会选举制度对选举权利的执念应予去除,村庄治理本位自当确立。本文的主旨在于,将治理逻辑重新置于理解村委会选举和村民自治制度的核心。

According the latest revision of 'Village Committee Organization Law of People's Republic of China',the villager who can't vote at the voting point may entrust his close relatives in his village to vote for himself.This means that proxy voting which have being operated in nearly three decades has officially been recognized by the law.But the legitimacy of proxy voting within family members is still controversial,which highlights the internal contradictions in village election system with safeguarding the voting rights of villagers as the primary principle.This article proposes to re-understand the birth and the legal process of the village election system,and takes keeping the village community and improving village governance as the fundamental nature of the primary principles of village election system,in order to deconstruct villager's election right,disenchant 'election right as primary principle' and establish 'village governance as primary foundation'.Establishing 'village governance as primary foundation' makes village governance to be built on the basis of rural society,which not only gives us a new understanding of a series of institutional arrangements for village elections,but also provides a new impetus and reference for scientific,reasonable set of rural governance system.