The Educational Responsibility of Villagers
People's Republic of China (PRC) Villagers' Committee Organization French Number: NPC Standing Committee. Date of promulgation: 1998- 1-4. Implementation date: 1998- 1 1-4. Article 1 In order to ensure the autonomy of rural villagers, villagers should handle their own affairs according to law and develop rural grassroots democracy. Article 2 Villagers' committees are grass-roots mass self-governing organizations for villagers' self-management, self-education and self-service, and implement democratic elections, democratic decision-making, democratic management and democratic supervision. Villagers' committees handle public affairs and public welfare undertakings in their villages, mediate civil disputes, help maintain social order, and reflect villagers' opinions, demands and suggestions to the people's governments. Article 3 Grassroots organizations in rural areas of China shall carry out their work in accordance with the articles of association of China and play a leading role; In accordance with the Constitution and laws, support and guarantee villagers to carry out autonomous activities and directly exercise their democratic rights. Article 4 The people's governments of townships, nationality townships and towns shall give guidance, support and help to the work of villagers' committees, but shall not interfere in matters that are within the scope of villagers' autonomy according to law. Villagers' committees assist the people's governments of townships, nationality townships and towns in their work. Article 5 Villagers' committees shall support and organize villagers to develop various forms of cooperative economy and other economies according to law, undertake the service and coordination of production in their villages, and promote the development of rural production and construction and the socialist market economy. Villagers' committees shall respect the autonomy of collective economic organizations to independently carry out economic activities according to law, maintain a two-tier management system based on household contract management and combining unification and separation, and safeguard the legitimate property rights and other legitimate rights and interests of collective economic organizations and villagers, contractors, joint households or partnerships. Villagers' committees shall manage the land and other property collectively owned by village farmers according to law, educate villagers to make rational use of natural resources, and protect and improve the ecological environment. Article 6 Villagers' committees shall publicize the Constitution, laws, regulations and national policies, educate and urge villagers to fulfill their obligations stipulated by law, cherish public property, safeguard their legitimate rights and interests, develop cultural education, popularize scientific and technological knowledge, promote solidarity and mutual assistance among villages, and carry out various forms of socialist spiritual civilization construction activities. Article 7 In villages where multi-ethnic villagers live, villagers' committees shall educate and guide the villagers to strengthen national unity, respect each other and help each other. Article 8 Villagers' committees shall be established according to the living conditions and population of villagers and the principle of facilitating mass autonomy. The establishment, cancellation and adjustment of the scope of a villagers' committee shall be put forward by the people's governments of townships, nationality townships and towns, and shall be reported to the people's government at the county level for approval after discussion and consent by the villagers' meeting. Article 9 A villagers' committee consists of a chairman, vice-chairmen and three to seven members. Among the members of villagers' committees, women should have an appropriate number of places, and the villages where multi-ethnic villagers live should have members of ethnic minorities with a small number. Members of the villagers' committee are not divorced from production, and may be given appropriate subsidies according to the situation. Article 10 A villagers' committee may set up a number of villagers' groups according to the living conditions, and the leaders shall be elected by the villagers' group meeting. Article 11 The chairman, vice-chairmen and members of a villagers' committee are directly elected by the villagers. No organization or individual may designate, appoint or replace members of a villagers' committee. The term of office of the villagers' committee is three years, and the general election shall be held in time at the expiration of the term. Members of villagers' committees may be re-elected. Twelfth villagers who have reached the age of eighteen have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence; However, except those who are deprived of political rights according to law. The list of villagers who have the right to vote and stand for election shall be announced 20 days before the election day. Thirteenth village committee election, presided over by election of villagers committee. Election of villagers committee members are elected by villagers' meetings or villagers' groups. Fourteenth election of villagers' committees, the villagers who have the right to vote in the village directly nominate candidates. The number of candidates should be more than the number of places to be elected. Election of villagers' committees, in which more than half of the villagers who have the right to vote participate, is valid; A candidate must get more than half of the votes of the villagers who voted to be elected. The election was conducted by secret ballot and public counting, and the election results were announced on the spot. During the election, a secret ticket writing office was set up. Specific election methods shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government. Article 15 Where villagers are prevented from exercising their right to vote and stand for election by threats, bribes, forged ballots or other improper means, or the election of villagers' committees is sabotaged, the villagers have the right to report to the people's congresses of townships, nationality townships and towns, the people's governments or the standing committees of people's congresses at the county level, the people's governments and the relevant competent departments, and the relevant authorities shall be responsible for investigation and handling according to law. Elected by threats, bribes, forged votes and other improper means, the election is invalid. Sixteenth more than one-fifth of the villagers who have the right to vote in the village may jointly request the removal of members of the villagers' committee. The reason for the recall shall be put forward in the request for recall. The members of the villagers' committee who are proposed to be removed have the right to make representations. The villagers' committee shall convene a villagers' meeting in time to vote on the requirements for recall. The recall of members of a villagers' committee must be approved by more than half of the villagers who have the right to vote. Seventeenth villagers' meetings are composed of villagers over the age of eighteen. When a villagers' meeting is held, more than half of the villagers over the age of 18 in the village shall participate, or representatives of more than two thirds of the households in the village shall participate, and the decision made shall be passed by more than half of the participants. When necessary, enterprises, institutions and mass organizations in the village may be invited to send representatives to attend the villagers' meeting as nonvoting delegates. Eighteenth villagers' committees are responsible for the villagers' meeting and report their work. The villagers' meeting deliberates the work report of the villagers' committee every year and comments on the work of the members of the villagers' committee. The villagers' meeting shall be convened by the villagers' committee. More than one tenth of the villagers proposed to hold a village meeting. Article 19 The villagers' committee must submit the following matters concerning the villagers' interests to the villagers' meeting for discussion and decision before handling them: (1) Measures for the collection of township overall planning, the collection and use of village retention; (two) the number of people in the village who enjoy the subsidy for lost work and the subsidy standard; (three) the use of the village collective economic income; (four) the fund raising plan for village schools, village roads and other village public welfare undertakings; (five) the project establishment and contracting scheme of village collective economic projects and the contracting scheme of village public welfare undertakings; (six) the villagers' contract management plan; (seven) the plan for the use of homestead; (eight) other matters involving the interests of the villagers, which should be discussed and decided by the villagers' meeting. Twentieth villagers' meeting can formulate and amend the articles of association of villagers' autonomy and village rules and regulations, and report them to the people's governments of townships, nationality townships and towns for the record. The articles of association of villagers' autonomy, village rules and regulations, matters discussed and decided at villagers' meetings or villagers' representative meetings shall not contravene the Constitution, laws, regulations and national policies, and shall not infringe upon villagers' personal rights, democratic rights and legitimate property rights. Twenty-first villages with large population or scattered residence may elect villagers' representatives, and the villagers' committee shall convene a meeting of villagers' representatives to discuss and decide on matters authorized by the villagers' meeting. Villagers' representatives shall be elected by villagers from every five to fifteen households, or by several villagers' groups. Twenty-second villagers' committees shall implement the system of making village affairs public. The villagers' committee shall promptly announce the following matters, including financial matters, at least once every six months, and accept villagers' supervision: (1) Matters discussed and decided by the villagers' meeting as stipulated in Article 19 of this Law and their implementation; (two) the implementation plan of the national family planning policy; (three) the distribution of disaster relief funds and materials; (four) matters involving the interests of the villagers and the collection of water and electricity charges that the villagers are generally concerned about. The villagers' committee shall ensure the authenticity of the published contents and accept the villagers' inquiries. If the villagers' committee fails to publish the matters that should be published in time or the published matters are untrue, the villagers have the right to report to the people's governments of townships, nationality townships and towns or the people's governments at the county level and the relevant competent departments, and the relevant government organs shall be responsible for investigation and verification and order the publication; If it is verified that there is an illegal act, the responsibility of the relevant personnel shall be investigated according to law. Twenty-third villagers' committees and their members shall abide by the Constitution, laws, regulations and national policies, act impartially, be honest and serve the villagers enthusiastically. Twenty-fourth villagers' committees decide on issues and implement the principle that the minority is subordinate to the majority. In their work, villagers' committees should adhere to the mass line, fully develop democracy, listen carefully to different opinions, persist in persuasion and education, and must not force orders or take revenge. Twenty-fifth villagers' committees shall, according to the needs, set up people's mediation committees, public security committees and public health committees. Members of villagers' committees may concurrently serve as members of subordinate committees. Villagers' committees in villages with a small population may not set up subordinate committees, and members of the villagers' committees shall be responsible for people's mediation, public security and public health. Twenty-sixth villagers' committees shall assist relevant departments to educate, help and supervise villagers who are deprived of political rights according to law. Twenty-seventh personnel stationed in rural organs, organizations, military units, enterprises and institutions owned by the whole people do not participate in the organization of villagers' committees, and personnel who do not belong to village-run collective ownership units are not allowed to participate in the organization of villagers' committees. However, they should all abide by the relevant village rules and regulations. The local villagers' committees, villagers' meetings or villagers' representatives shall discuss and deal with the problems related to these units and settle them through consultation. Article 28 Local people's congresses at various levels and the standing committees of local people's congresses at or above the county level shall ensure the implementation of this law within their respective administrative areas and the villagers' exercise of autonomy according to law. Article 29 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the actual conditions of their respective administrative regions, formulate measures for implementation. Article 30 This Law shall come into force as of the date of promulgation. The Organic Law of Villagers' Committees of the People's Republic of China (for Trial Implementation) shall be abolished at the same time.