중국 농촌 기층(基層) 거버넌스 법치화의 진로 탐색

• 영문명: A Study of Approach of Rule of Law in Primary-level Governance in Rural China - Focus on the proxy voting system in the village committee -
• 발행기관: 충북대학교 법학연구소
• 저자명: 이태민(Yi, Taimin) 김수갑(Kim, Su Kab)
• 간행물 정보: 『법학연구』第33卷 第2號, 53~87쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.12.30

영문 초록

The state's attention to the development of democracy has never ceased, and the development of democracy at the grassroots level in the countryside has never been slackened. The method of governance at the grass-roots level of rural areas has undergone many changes, and has finally been realized through mass self-government at the grass-roots level, and has become the basic political system of China. Village committees, as grassroots governance organizations, are directly elected by villagers with voter qualifications. Whether the village committee can represent the interests of the villagers and administer the grass-roots for the villagers depends on whether the voters' will to elect the village committee is reflected directly and completely. Improving the quality of the election process is also a precondition for the quality of the election results. Regarding the phenomenon of proxy voting in the electoral process, with the improvement of democratic awareness in recent years and the improvement of legal awareness, we have gradually realized that the proxy voting system has an impact on the authenticity of the election results, then damages grass-roots democracy and the rule of law. Furthermore Village committees that have been improperly elected may infringe on the fundamental rights of the villagers during their operation. In addition to increasing the legal obligations and legal responsibilities of trustees, we should actively use technology as a tool for grassroots governance, participate in the process of village committee elections as an alternative or selective measure to reduce the deep dependence of voters in other places on the proxy voting system. The research on the rule of law of the proxy voting system is only an entry point for exploring grassroots democratic governance. In order to realize the rule of law in grassroots democracy, it must be achieved through legislative protection. Formulate professional laws to protect villagers’ fundamental rights, establishing a three-dimensional rule of law system for rights protection based on the protection of the origin of rights The establishment of a three-dimensional rule of law system for rights protection based on the protection of the origin of rights has far-reaching significance for promoting the construction of grass-roots democracy and the rule of law.

목차

Ⅰ. 서론

Ⅱ. 촌민위원회와 위탁투표제도의 개관

Ⅲ. 위탁투표제도의 헌법상 문제점

Ⅳ. 위탁투표제도의 법치화 진로 탐색

Ⅴ. 결어

키워드

촌민위원회 위탁투표제도 선거권 보장 기층 거버넌스 법치주의 Village committee Proxy Voting Protection of the right to vote Primary-level Governance Rule of Law