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中华人民共和国村民委员会组织法 ORDER OF THE PRESIDENT OF THE PEOPLES REPUBLIC OF CHINA

2009-03-24 法律英语 来源:互联网 作者:
two-thirds of the households in the village, and every decision shall be adopted by a simple majority vote of the villagers present. When necessary, representatives of the enterprises, institutions and mass organizations located in the village may be invited to attend the villagers assembly without the right to vote.

  Article 18 The villagers committee shall be responsible to the villagers assembly and report on its work to the latter. The villagers assembly shall deliberate on the work report of the villagers committee every year and appraise the performance of its members.

  The villagers assembly shall be convened by the villagers committee. When proposed by one-tenth of the villagers, the villagers assembly shall be convened. Article 19 When the following matters that involve the interests of the villagers arise, the villagers committee shall refer them to the villagers assembly for decision through discussion before dealing with them:

  (1) measures for pooling funds for the township, and the percentage of the funds raised by the village to be retained and used by it;

  (2) the number of persons who enjoy subsidies for work delayed and the rates for such subsidies;

  (3) use of the profits gained by the collective economic organizations of the village;

  (4) proposals for raising funds for running schools, building roads and managing other public welfare undertakings in the village;

  (5) decision on projects to be launched by the collective economic organizations of the village and the contracts proposed for the projects

  as well as contracts proposed for building public welfare undertakings in the village;

  (6) villagers' proposals for operation under a contract;

  (7) proposals for the use of house sites; and

  (8) other matters that involve the interests of the villagers and on which the villagers assembly considers it necessary to make decisions through discussion.

  Article 20 A villagers assembly may formulate and revise the villagers charter of self-government, rules and regulations for the village and villa

gers pledges, and submit them to the people's government of the township, nationality township or town for the record.

  No villagers charter of self-government, rules and regulations for the village, villagers pledges or matters decided through discussion by a villagers assembly or by representatives of villagers may contravene the Constitution, laws, regulations, or State policies, or contain such contents as infringing upon villagers' rights of the person, their democratic rights or lawful property rights.

  Article 21 In a village with a larger population or with the inhabitants scattered here and there, villagers representatives may be elected, and the villagers committee shall convene a meeting of the villagers representatives to decide on matters through discussion with the authorization of the villagers assembly. One villagers representative shall be elected by every five to fifteen households, or a certain

  number of villagers representatives shall be elected by all the villagers groups.

  Article 22 The villagers committee shall apply the system of open administration of village affairs.

  The villagers committee shall accept supervision by the villagers through publicizing the following matters without delay, of which the matters involving financial affairs shall be publicized every six months at least:

  (1) matters decided on through discussion by the villagers assembly as provided for in Article 19 of this Law, and implementation of the decisions;

  (2) plans for implementing the State policy for family planning;

  (3) handing out of relief funds and goods; and

  (4) collection of charges for the supply of water and electricity, and other matters that involve the interests of the villagers and that all the villagers are concerned about.

  The villagers committee shall guarantee the truthfulness of what is publicized and subject itself to inquiry by the villagers. Where a villagers committee fails to publicize the matters as is required to without delay or if the matters it publicizes are not true to facts, the villagers shall have the right to report the matter to the people's government of the township, nationality township or town or the people's government at the county level and the competent departments under it, which shall be responsible for investigation and verification and order that the matters be publicized; where unlawful acts are verified through investigation, the members concerned shall bear the responsibility according to law.

  Article 23 The villagers committee and its members shall observe the Constitution, laws, regulations and State policies, and they shall be impartial in handling affairs, honest in performing their duties and warmhearted in serving the villagers.

  Article 24 In making decisions, a villagers committee shall apply the principle whereby the minority is subordinate to the majority.

  In its work the villagers committee shall adhere to the mass line, give full play to democracy, carefully heed dissenting opinions, and unremittingly exercise persuasion; it may not resort to coercion, commandism or retaliation.

  Article 25 A villagers committee shall, when necessary, establish sub- committees for people's mediation, public security, public health, etc. Members of the villagers committee may concurrently be members of the sub-committees. The villagers committee of a village with a small population may dispense with the sub-committees; instead, members of the villagers committee shall have a division of responsibilities with

  respect to people's mediation, public security, public health, etc.

  Article 26 A villagers committee shall assist the relevant departments in giving ideological education and help to and exercising supervision over the villagers who have been deprived of political rights in accordance with law.

  Article 27 Members of go

vernment departments, public organizations, units of the armed forces, and enterprises and institutions owned by the whole people, which are located in the countryside, shall not join organizations of the villagers committees; members of collectively-owned entities that are not run by the villages may choose not to join the organizations of the villagers committees. However, all of them shall abide by the rules and regulations for the villages and the villagers pledges related to them. When the villagers committees, villagers assemblies or villagers representatives of the villages, where these units are located, discuss and deal with problems related to the units, they shall solve the problems through consultation with them.

  Article 28 The local people's congresses at all levels and the standing committees of the local people's congresses at or above the county level shall see that this Law is implemented within their administrative regions and guarantee that the villagers exercise their right of self- government in accordance with 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 conditions in their own administrative regions, formulate measures for the implementation of this Law.

  Article 30 This Law shall go into effect as of the date of promulgation. The Organic Law of the Villagers Committees of the People's Republic of China (for Trial Implementation) shall be annulled at the same time

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