我国乡村选举制度的法律审视与完善建议

Legal Review and Improvement Suggestions for Rural Electoral System in China

村委会是村民自我管理的基层群众性自治组织,民主选举是村委会产生的重要途径。通过对乌坎选举的分析,发现村民已经具备自治的素养和能力。但在我国部分地区乡村选举中存在村委会“体制内卷化”、互不信任的“塔西佗陷阱”、法治精神的缺失与矛盾激化等困境。乡村选举实质化改革已经极为紧迫,突破乡村选举困境,制定选举准则是前提,强化村民参与是关键,健全政府监督是保障。

The village committee is a self-governing grassroots mass autonomous organization,and democratic election is an important way to select the village committee.Through the analysis of the Wukan election,we found that the villagers already have the self-cultivation and ability.However,the village committee elections in some areas of China,exist some dilemma,including“systematic internalization”of the village committee,the“Tacitus trap”of mutual distrust,the lack of the rule of law spirit and the intensification of contradictions.Villageelection reform has become extremely urgent,breaking through the predicament of rural elections,and it is a prerequisite to formulate election guidelines.Strengthening village participation is the key,perfect government supervision is the guarantee.