村民自治中“贿选”的法律规制和综合治理

不同时期、不同部门、不同学者对“贿选”所作的界定存在着缺陷和局限性,本文从违法行为构成要素的角度,提出了“贿选”行为的三个构成要件,并将“贿选”与选举中常见的“拉票”行为、“承诺”行为作了区分。“贿选”的法律规制应当包括选举程序规制、实体法律规制和建立司法救济三个方面,从而构建遏制“贿选”的法律框架;综合治理包括五项措施,即促进农村经济发展、提高农民收入水平,加强村集体资产和财务账户的监管,强化村民的民主启蒙和教育,适当弱化村委会的经济管理职能、强化村委会公共服务职能,推进“四个民主”的整体建设和协调发展。

On the Legal Definition of "Bribe Election" in Autonomous Villages and its Countermeasures

The definitions of "Bribe Election" vary with times, departments and scholars; hence they bear more or less limitations. This paper wants to make a new try from three perspectives in accordance with the regulations of transgression. In addition to that attempt, distinctions among "bribe election", " lobby for tickets", "promises to voters" are stated respectively. The legal meaning of "bribe election" should concern election procedure, rule performance, and judicial relief, which in turn could be taken as a framework to check "bribe election". The countermeasures against election scandals in the countryside include promotion of rural economy, increase of farmers' income, stress of the supervision of village-owned collective assets and accounts, cultivation of villagers' sense of democracy, reduce of the power of village committees in economy with an emphasis of their roles as "public servants" so as to achieve the goal of "Four Democracies" and well-balanced development.