Does the result of a villager voting in a non election have legal effect?

Updated on society 2024-06-03
9 answers
  1. Anonymous users2024-02-11

    The Organic Law of the People's Republic of China on Villagers' Committees has two provisions:

    Article 17: Villagers' meetings are composed of villagers over the age of 18 in their own villages.

    The convening of a villagers' meeting shall be attended by more than half of the villagers over the age of 18, or by representatives of more than two-thirds of the households in the village, and the decisions made shall be passed by more than half of the persons present. When necessary, enterprises, public institutions, and mass organizations stationed in their villages may be invited to send representatives to attend villagers' meetings as observers.

    Article 19: The following matters involving the interests of the villagers shall be submitted to the villagers' meeting for discussion and decision before they can be handled:

    1) The collection method of the township co-ordination, and the collection and use of the village retention;

    2) The number of people in the village who enjoy the compensation for lost work and the subsidy standard;

    3) the use of the proceeds from the village collective economy;

    4) Funding plans for village public welfare undertakings such as village-run schools and village-built roads;

    5) The project establishment and contracting plan of the village collective economic project and the construction contracting plan of the village public welfare undertakings;

    6) the villagers' contracted management plan;

    7) the use of the homestead program;

    8) Other matters involving the interests of the villagers that the villagers' meeting deems should be discussed and decided by the villagers' meeting.

    It can be seen that in the situation you mentioned, you can organize a villager meeting to discuss and decide, of course, voting is also one of the methods of decision, as long as the villagers' meeting procedure is legal, and the decision result reaches more than half, it can be effective.

  2. Anonymous users2024-02-10

    Legal analysis: The quorum of the villagers' meeting: only when more than half of the villagers over the age of 18 or more than two-thirds of the representatives of the households in the village participate, and the quorum is met, the convening of the villagers' meeting is legal and valid.

    According to different circumstances, villagers' meetings may vote orally, by a show of hands, by secret ballot, etc., and form deliberative opinions in accordance with the principle of the minority obeying the majority.

    Legal basis: Constitution of the People's Republic of China

    Article 34: Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family origin, religious belief, educational level, property status, or period of residence; However, this excepts apply to persons who have been deprived of their political rights in accordance with the law.

    Article 48: Women in the People's Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social, and family life.

    The State protects the rights and interests of women, implements equal pay for men and women for equal work, and trains and selects women cadres.

    Article 111: Residents' committees or villagers' committees established in urban and rural areas according to the areas where residents live are basic-level mass autonomous organizations. The directors, vice-chairmen, and members of residents' committees and villagers' committees are elected by residents. The relationship between residents' committees and villagers' committees and grass-roots political power shall be prescribed by law.

  3. Anonymous users2024-02-09

    In accordance with Article 16 of the Organic Law of Villagers' Committees:

    More than one-fifth of the villagers who have the right to vote or more than one-third of the villagers' representatives may jointly submit a request for the recall of villagers' committee members and explain the reasons for the recall. Members of villagers' committees who have been proposed for recall have the right to submit their defenses. The recall of a member of a villagers' committee requires the vote of more than half of the villagers registered to participate in the election, and must be approved by a majority of the villagers who voted.

    If a villagers' meeting is refused, Article 21 stipulates that a villagers' meeting shall be convened by the villagers' committee. Where more than one-tenth of the villagers or more than one-third of the villagers' representatives propose, a villagers' meeting shall be convened.

    When convening a villagers' meeting, the villagers shall be notified 10 days in advance.

    In other words, if you meet the requirements and refuse to convene a villager meeting, it is a serious violation, you can file a lawsuit with the court, or report to the township **, and the township ** has the obligation to order it to convene a villager meeting.

  4. Anonymous users2024-02-08

    Summary. Is it illegal for villagers to elect representatives and canvass for votes?

    Legal analysis: (1) Engaging in non-organizational activities such as canvassing for votes and assisting in elections in democratic recommendations, democratic evaluations, organizational examinations, and intra-Party elections; (2) Engaging in non-reputational organizational activities in violation of organizational principles in voting or key selection activities provided for by law, or organizing, instigating, or inducing others to vote or vote; (3) Carrying out other activities that violate the Party Constitution, other internal Party regulations, or relevant charters during elections.

    Legal basis: Article 256 of the Criminal Law of the People's Republic of China [Crime of Sabotaging Elections] When electing deputies to people's congresses at all levels and leaders of state organs, those who use violence, threats, deception, bribery, forgery of election documents, false reporting of election votes, or other means to undermine elections or obstruct the free exercise of voters and deputies in the right to vote and to be elected, and the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention, or deprivation of political rights.

  5. Anonymous users2024-02-07

    First, there is no provision in any law or regulation that "if more than one-third of the votes are forfeited or invalidated, the entire process will be invalidated".

    Second, a candidate receives more than half of the votes of the villagers who participated in the vote, which means that if the candidate receives more than half of the votes in favor of the vote, the candidate is eligible to be elected.

    Third, the number of votes in favor of the candidate Number of villagers who participated in the vote 1 2, the candidate may be elected (not necessarily elected); 1 2, it is impossible to be elected.

    When determining the validity of an election and the eligibility of a candidate in accordance with paragraph 2 of Article 14, the result can be determined by calculating the number of voters for the current term, the total number of votes returned, and the number of votes in favor received by the candidate.

    All ballots withdrawn = invalid votes (e.g. invalid votes) + valid votes (no votes + number of abstentions + valid votes in favor of other candidates).

  6. Anonymous users2024-02-06

    In the election of villagers' committees, more than half of the villagers who have registered to participate in the election vote, and the election is valid; A candidate shall be elected only if he or she receives the votes of more than half of the villagers who participate in the voting.

    No, a candidate must be elected only if he or she obtains the votes of more than half of the villagers who vote.

  7. Anonymous users2024-02-05

    It must be a valid ticket, when more than one-third of the abandoned and invalid votes are, the whole process is invalid!

  8. Anonymous users2024-02-04

    The argument that candidates are canvassing for votes is inappropriate.

    According to the "Election Regulations for Villagers' Committees", candidates may compete in elections, including: The villagers' election committee shall organize candidates to meet with villagers, and the candidates will introduce their plans for performing their duties and answer questions from villagers. Villagers' election committees may organize various forms of election competition activities, including publishing candidates' election competition materials at designated locations, organizing candidates to meet with villagers and answering villagers' questions, and in villages with closed-circuit television, they may organize candidates to make statements on television.

    The election competition materials and election competition statements mainly include the basic information of the candidates, the positions of competition and the reasons, the ideas for governing the village, and the attitudes towards the election and defeat.

    However, those who are elected as members of villagers' committees by improper means such as violence, threats, deception, bribery, falsification of ballots, or false reporting of the number of votes cast in the election shall be invalid.

  9. Anonymous users2024-02-03

    Hello! Just ask, our village group has a total of 269 votes! In the second election, one of them cast 129 votes and the other cast 126 votes?

    Seven of the other votes were written by someone other than these two candidates! There are seven other blank tickets that were not written! Will this election be successful?

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