What are the consequences of refusing to make village affairs public for the general election of vil

The most favorable evidence that constitutes a violation of the law and resistance to the law.

Villagers have the right to participate in the general election of village committees, and they also have the right not to participate, which is a freedom granted to citizens by law.

Legal analysisThe right to vote: 1. It refers to the right of citizens to participate in elections in accordance with the provisions of the law, including participating in the nomination of representative candidates, participating in the discussion, deliberation and negotiation of the list of representative candidates, and participating in voting and election; 2. Suffrage is one of the basic political rights of citizens; 3. According to Article 34 of the Constitution of the People's Republic of China, 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, gender, occupation, family background, religious belief, education level, property status, or period of residence; Except for persons deprived of their political rights in accordance with the law; 4. Elections are divided into:

direct and indirect elections; Equal and differential elections. Villagers' representatives do not have the right to elect official candidates for villagers' committees, and all villagers are the main body of villagers' committees. The villagers' representative meeting is composed of representatives elected by the villagers and is an important supplementary form of the villagers' meeting.

Under the leadership of the village party branch and the village committee, and in accordance with the principles of democracy, legality, and representation of the will of the people, part of the power of the villagers' meeting is exercised. The villagers' representative meeting may, in accordance with the authorization of the villagers' meeting, deliberate or decide on important matters of the village: listen to and deliberate the annual work plan, the annual financial revenue and expenditure, and the economic development report.

Legal basis"Organic Law of the People's Republic of China on Villagers' Committees" Article 13 Villagers who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family background, religious belief, education level, property status, or period of residence; Except for persons deprived of their political rights in accordance with the law; Before the election of villagers' committees, the following persons shall be registered and included in the list of villagers participating in the election: (1) villagers whose household registration is in the village and who live in the village; (2) Villagers whose household registration is in the village, who do not reside in the village, and who have personally indicated that they will participate in the election; (3) Citizens whose household registration is not in the village, who have lived in the village for more than one year, who apply to participate in the election in person, and who have the consent of the villagers' meeting or the villagers' representative meeting to participate in the election.

Villagers who have already registered to participate in the election in the village where they are registered or where they live must not participate in the election of other villagers' committees.

Legal Analysis: Bribery in the general election of village committees is invalid. For conduct that undermines the lawful conduct of election order, a warning or a fine of up to 200 RMB is to be given, and where the circumstances are more serious, a detention of between 5 and 10 days is to be given, and a concurrent fine of up to 500 RMB may be given.

According to Article 17 of the Organic Law of the People's Republic of China on Villagers' Committees, those who are elected as members of villagers' committees by improper means such as bribery of votes in elections shall be invalid. Paragraph 5 of Article 23 of the "Law of the People's Republic of China on Public Security Administration Punishments" provides that for conduct that undermines the order of elections conducted in accordance with law, a warning or a fine of up to 200 yuan is to be given, and where the circumstances are more serious, detention of not less than 5 days but not more than 10 days is given, and a fine of up to 500 yuan may be imposed concurrently.

Legal basis: Organic Law of the People's Republic of China on Villagers' Committees

Article 17: Those who are elected as members of villagers' committees by violence, threats, deception, bribery, forgery of ballots, false reporting of votes, or other improper means shall be invalid.

Law of the People's Republic of China on Public Security Administration Punishments

Article 23, paragraph 5: Warnings or fines of up to 200 RMB are to be given to conduct that undermines the lawful conduct of elections, and where the circumstances are more serious, detention of between 5 and 10 days is to be given, and a concurrent fine of up to 500 RMB may be given.

In the countryside, there are village cadres in the villages, and there is a strange phenomenon. As long as it mentions village cadres, the villagers are basically exaggerating, or in other words, the villagers have complaints against the village cadres.

As for the reason, it is also a thousand odd. Some people feel that the village cadres deliberately do not give low protection to poor families, some people think that the village cadres are always subsidiaries of the peasants and do exist, and some people actually have no shadow. As for a few distinctions, a few fakes, no one else else, but there is a small strangeness, that is, the villagers have "complaints" in the village cadres, and the rural villagers are not willing to run, why?

As a farmer, I think there are three main reasons for it:

1. Straight temper, I don't want to let this old talk about it, there is an old saying that the old saying is not high, and for grumpy farmers, maybe I really want to contribute to the village, but seeing some rural areas, some people want to become village cadres and start giving gifts, pulling relationships, asking for food, promising benefits, a person thinks that even if you have strength, it is difficult to think of it, so it is difficult to rely on one person. I didn't see you, my heart doesn't bother, far away, I don't want to get drunk.

2. People are very thin, and many farmers do not use many farmers. There are also the thoughts of village cadres. However, the "ecological environment" in rural areas is too complex.

Many times the village cadres have become several big families. As a general peasant sport, people are skinny, don't say they didn't participate, even if you participated in it. This is why villages have been able to manipulate rural elections many times.

3. To have a career, it is not necessary to be a farmer's brain, get some farming, go to the city to do business, run transport, etc. After all these years, I have my own career, the village cadre trivia at that time, and sinners, so it is better to earn some money as an old man, there is no need to be a village cadre.

The above is why some peasants are reluctant to run for election when they do not want to be cadres of rural athletes. With the deepening of rural reform, the election of grassroots village cadres has become more transparent. Many rural areas are already aware of the people, so if the farmers are really capable, they want to do something in the village.

The sudden appearance of self-discussion, the vast majority of peasants is still bright, so that the rural areas can also enter the forward cycle, and the rural grassroots cadres will also be purified. This countryside is also hope!

It is not legal, because everyone has the right to vote, and the members of the village committee also need to be elected by the villagers.

The election law does not stipulate that everyone must participate in the election in order to be considered a legitimate election, as long as it is two-thirds of the villagers. Therefore, it is okay for villagers not to participate in the election.

Generally speaking, if the general election is characterized by the relevant departments as bribery of elected village party secretaries and village directors, the election results will certainly be invalid, but if there is only a general election in which there are acts of bribery, the election results cannot be regarded as invalid as a matter of course, and the key point is whether the higher-level departments believe that the bribery has affected the election results.

If it is not large-scale cheating, generally speaking, the existence of bribery in the election does not affect the validity of the election results, because the identification of bribery is more difficult to prove in terms of the chain of evidence, and neither the election organizers nor the higher-level leaders are willing to strictly pursue responsibility, after all, this is not something to boast about.

It is impossible not to elect people in the village committee election, because the election of the village committee is a kind of differential election, and he is elected according to the number of votes, and there is always one person who has the number of votes. It may be two people or three candidates, but there will always be people who have more votes and there will always be people who have fewer votes when voting, and there are also certain vote requirements. <>

For example, if there are 800 people in this village who have the right to vote, then the candidate himself must get more than half of the votes before he can actually hold office. If there are two candidates or even three candidates, there is a situation where three candidates have votes, first, second, third, but no one has a majority, then it may be necessary to re-elect the election results invalidated, and under normal circumstances, there will not be so many electorsAnd even if you can't choose more than half of the people in the first round, there is a way to do it in the second round. <>

In the case mentioned above, if there is a person who receives the most votes in the first election, but he does not get more than half of the votes, then the election is considered a defeat. Elections will be held again in three months, and this time the candidates will be determined in the order in which they are voted. The top 2 or top 3 votes can be elected, but the minimum requirement is that the number of votes must not be less than 1 3Last time, it was the first election, when it was more than 10,000, but this time it was only 1 3.

1 3 is a minimum requirement, because if you want to be a member of the village committee in the village, the most basic thing is that you have to obey the public, that is, the villagers think that you can do it, then you can do it. If everyone doesn't believe it, and you think that you can't help everyone solve the problem at all, then even if you have more votes, it proves that you don't have basic connections in the village, and everyone in the village doesn't believe you, so it is impossible to succeed in this situationTherefore, before the election, there will be a corresponding act of canvassing, that is, to ensure that you can get enough votes.

There is a time limit for the general election of the villagers' committee, and if there is no candidate elected, the re-election will be postponed, and the original cadres can continue to work before the election.

This is a unified election campaign in the prefecture, and if there is no election now, the election will be postponed until the election is elected. Therefore, the original cadre team cannot continue to work.

It is true that the original cadres can continue to work when their successors are not elected, but they cannot continue to do so, and the next election must be held until a successor is elected.

Illegal. According to the Organic Law of the People's Republic of China on Villagers' Committees

Article 29: Villagers' committees shall implement democratic decision-making mechanisms in which the minority obeys the majority and the principle of openness and transparency, and establish and complete various work systems.

Article 30: Villagers' committees implement a system of openness in village affairs. Villagers' committees shall promptly announce the following matters and accept the supervision of villagers:

1) Matters discussed and decided by villagers' meetings and villagers' representative meetings as provided for in articles 23 and 24 of this Law and their implementation;

2) the implementation plan of the national family planning policy;

3) The management and use of funds and materials such as disaster relief and subsidies allocated and received from social donations;

4) The villagers' committee's assistance to the people's work in carrying out their work;

5) Other matters involving the interests of the villagers and of general concern to the villagers.

Among the matters provided for in the preceding paragraph, general matters shall be announced at least once a quarter; Where there are many collective financial transactions, the financial income and expenditure shall be announced once a month; Major matters involving the interests of villagers shall be announced at any time.

The villagers' committee shall ensure the authenticity of the matters announced and accept inquiries from the villagers.

Article 31: Where villagers' committees do not promptly announce matters that should be announced or the matters that should be announced are untrue, villagers have the right to report to the people** of townships, ethnic townships, or towns or the people** at the county level and their relevant competent departments, and the relevant people** or competent departments shall be responsible for investigation and verification, and order that they be published in accordance with law; Where upon investigation it is found that there has been illegal conduct, the relevant persons shall bear responsibility in accordance with law.

As a mass autonomous organization of self-management, self-education and self-service, the financial accounts of villagers' committees are the concentrated expression of public interests and the distribution of collective income and expenditure, and the official seal is a symbol of public power, a necessary means for all villagers to give villagers' committees to carry out management, education, service and development, and is also the content of village affairs management that villagers are most concerned about. As long as a new villagers' committee is legally born and each member receives a certificate of election, it will naturally have a sacred legal status.

At this time, the election process for a village can be said to have been completed, but the task of changing the term of office has not been completely completed. Because the re-election work is not only the birth of the village committee, but also the first working meeting of the new team, the division of labor, the improvement of the subordinate institutions, the corresponding re-election of the villager group leader and the villager representative, the handover of the affairs of the old and new teams, and the filing of the grassroots level. Among them, the transfer of the official seal and financial accounts is an extremely important part of the re-election.

The handover of the work of the old and new leadership is the meaning of the general election, and it should be carried out in a timely manner. In some localities, it is not uncommon for the old and new leaders to hastily announce the end of the work before handing over the work, resulting in passivity and irregularity.

In order to standardize the printing, use and management of official seals by villagers' committees in various localities, the Ministry of Civil Affairs and the Ministry of Public Security are jointly preparing to issue normative opinions, which will soon be approved by the General Office of the People's Republic of China and transferred to various localities for implementation. This document strictly stipulates that the people at the township level should supervise the handover of seals in the general election of villagers' committees. After the election, the previous villagers' committee shall hand over its seal, financial accounts and other materials to the new villagers' committee within 10 days.

The people's civil affairs departments at the county level and the people's affairs at the township level shall supervise the transfer procedures. For those who refuse to hand over the seal of the villagers' committee, the original issuing organ shall be responsible for recovering it and pursuing responsibility.