关于村委会选举选民登记的几个法律问题——对省级村委会选举法规一个方面内容的比较与评析

Several Law Issues on Voters Registration in Villagers Committee Election ──A Comparative Analysis on One Aspect of Provincial Villagers Committee Election Rules

现行的各省、市、自治区的村委会选举法规都对村委会选举的选民登记问题作了规定。这些规定既有许多相同的地方 ,也有不少差异之处 ,本文试就其中的几个问题对其作一比较与评析 :一是精神病人的登记问题 ;二是外出村民的登记问题 ;三是户口不在本村村民的登记问题。本文认为 ,拥有选举权和被选举权与具有选民资格不是一回事情 ;选举权不可由他人代为行使 ;不予选民登记和不列入选民名单与不计入选民人数是有区别的 ;

All present provincial villagers committee election rules have some specific items on voter's registration in villager's committee elections. These specific rules not only reach an agreement in some points, but also have some differences. This paper is trying to make a comparative analysis in following aspects: the registration of those has mental problems, the registration of outcome villagers and the registration of villagers without local residential register. The viewpoint of the paper is that the ownership of voting rights and the rights of being selected is different from the possession of voters qualification; one's voting rights cannot be practiced by other people; not being registered as a voter is different from not being accounted in the totality of voters; the present provincial rules on voters registration in villagers committee election are contradictory to laws to some degree.