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Wu Shaohui v. the Villagers' Electoral Committee of Luxia Village (Case on Dissatisfaction with the Treatment on Voter's qualification)
吴少晖不服选民资格处理决定案
【法宝引证码】
  • Type of Dispute: Civil-->Special-Procedure Cause of Action
  • Legal document: Judgment
  • Judgment date: 07-08-2003
  • Procedural status: Trial at First Instance
  • Source: SPC Gazette,Issue 6,2003

Wu Shaohui v. the Villagers’ Electoral Committee of Luxia Village (Case on Dissatisfaction with the Treatment on Voter's qualification)
(Case on Dissatisfaction with the Treatment on Voter's qualification)
吴少晖不服选民资格处理决定案

Wu Shaohui v. the Villagers' Electoral Committee of Luxia Village
(Case on Dissatisfaction with the Treatment on Voter's qualification)

 

吴少晖不服选民资格处理决定案

BASIC FACTS 
Plaintiff: Wu Shaohui, male, 32, villager of Luxia Village, Luxia Country, Pingnan Couty, Fujian Province, dwelling in No. 48, Xinxing West Road, Luxia Village. 起诉人:吴少晖,男,32岁,福建省屏南县路下乡路下村村民,住该村新兴西路48号。
Wu filed an action for his dissatisfaction with the treatment as given by the Villagers' Electoral Committee (hereinafter referred to as the Committee) on his appeal regarding the voter's qualification. The People's Court of Pingnan County has, according to the special procedures for cases on the voter's qualification as prescribed in Section 2, Chapter 15 of the Civil Litigation Law of the People's Republic of China, formed a collegiate bench and heard this case. The Committee was notified to appear in court. 起诉人吴少晖因不服路下村村民选举委员会对其选民资格申诉所作的处理决定,提起诉讼。福建省屏南县人民法院依照《中华人民共和国民事诉讼法》第十五章第二节规定的选民资格案件特别程序,组成合议庭对本案进行了审理,审理时通知路下村村民选举委员会到庭参加。
Wu alleged that: His permanent residency is located in Luxia and he, as a villager, resides in Luxia all the time. His right to elect has been exercised in Luxia from the very beginning. In each election of the Committee, Wu was a voter. In particular, in the Committee's 2000 election, the plaintiff was once nominated as a formal candidate for director of the Committee. However, in the Committee's 2003 election, the Committee ignored all these objective facts and refused to register Wu as a voter. After Wu filed an appeal, the Committee made a decision on not registering Wu as a voter on June 29, 2003, which seriously injured Wu's right to elect and to be elected. Wu pleaded the court to revoke the decision according to law and order the Committee to register him as a voter and pleaded, at the same time, the court to invalidate the nomination of candidates as conducted by the Committee in 2003. 起诉人吴少晖诉称:起诉人的户籍在路下村,是路下村村民,并且一直在该村居住。起诉人的选举权一直在路下村行使,该村历届村民委员会的换届选举,起诉人都是选民。特别是2000年的村民委员会换届选举时,起诉人还被村民提名为村民委员会主任的正式候选人。然而今年的换届选举,村选举委员会却无视这些客观事实,不登记起诉人为选民。起诉人提出申诉后,该选举委员会仍于2003年6月29日作出对起诉人的选民资格不予登记的处理决定,严重侵犯了起诉人的选举权和被选举权。请求人民法院依法撤销这个决定,责令村选举委员会登记起诉人为选民,同时请求确认路下村此次的村民委员会候选人提名无效。
The People's Court of Pingnan County found through hearing that: 屏南县人民法院经审理查明:
Although Wu resides in No. 48, Xinxingxi Road, Luxia Village, his permanent residency is Luxia Village Central Primary School, Pingnan County. In every election as held by the Committee, Wu was registered as a voter. On June 12, 2003, Wu moved his permanent residency to Luxia Village and thus became a villager with non-agricultural permanent residency. 起诉人吴少晖虽在路下村新兴西路48号居住,但其户籍一直落在屏南县路下乡中心小学。路下村历届村民委员会换届选举时,都将吴少晖登记为选民。2003年6月12日,吴少晖将户籍从路下乡中心小学迁入路下村,成为该村非农业户籍的村民。
In 2003, the Committee held an election upon expiration of tenure according to law. The election was planned to be held on July 12, 2003 and the registration of voters was conducted as of June 7, wherein Wu failed to be registered as a voter. Wu filed an appeal with the Committee whereas the Committee believed that: Although Wu resides in the village, his permanent residency was moved to the Village after the voter registration day (June 7) and he is a villager with non-agricultural permanent residency who contracts no land and performs no obligation of “three detainments and five poolings of funds”, therefore, according to the provisions of the Election Procedures of the Villagers' Committee as distributed by the Department of civil affairs of Fujian Province on “a person with non-agricultural permanent residency subject to the administration of a village shall not be registered as a voter”, Wu shall not get registered. Although he was registered as a voter of the village through all the previous Committee's elections, the registration was wrong and thus shall be corrected. Therefore, the Committee gave a treatment on June 29, 2003 that Wu should not be registered as a voter. Wu was dissatisfied with the decision and thereafter filed an action on June 30. 2003年,路下村村民委员会因任期届满,依法需进行换届选举,选举日定为2003年7月12日,从6月7日起进行选民登记,起诉人吴少晖未被登记为该村选民。吴少晖向路下村村民选举委员会提出申诉后,该委员会认为:吴少晖虽然在本村居住,但其户籍是在选民登记日(6月7日)以后才迁入本村的,而且是本村非农业户籍村民,在本村没有承包土地,也不履行“三提留、五统筹”等村民应尽的义务,按照福建省民政厅下发的《村民委员会选举规程》中关于“户籍在本村管理的其他非农业户籍性质人员不作选民资格登记”的规定,吴少晖不能在本村登记。此前历届村民委员会选举时,虽然都将吴少晖登记为本村选民,但这都是错误的,应当纠正。据此,该委员会于2003年6月29日作出处理决定:对吴少晖的选民资格不予登记。吴少晖不服处理决定,遂于6月30日起诉。
JUDGMENT'S REASONING 
The People's Court of Pingnan County held that: 屏南县人民法院认为:
The right to elect and to be elected is a basic political right a citizen enjoys according to the Constitution. Article 12 of the Organic Law of the Villagers' Committees of the People's Republic of China as adopted upon revision at the 5th session of the Ninth National People's Congress on November 4, 1998 prescribes: “Any villager who has reached the age of 18 shall have the right to elect and be elected, regardless of his ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residency, with the exception of those who have been deprived of political rights in accordance with law.” Wu is now 33 years old and therefore is entitled with the voter's qualification according to law. 选举权与被选举权,是宪法规定公民享有的一项基本政治权利。1998年11月4日第九届全国人民代表大会常务委员会第五次会议修订通过的《中华人民共和国村民委员会组织法》第十二条规定:“年满十八周岁的村民,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,都有选举权和被选举权;但是,依照法律被剥夺政治权利的人除外。”起诉人吴少晖现年33岁,依照法律规定,其具有选民资格。
Paragraph 4 of Article 14 法小宝of the Organic Law of the Villagers' Committees of the People's Republic of China prescribes: “Specific electoral measures shall be prescribed by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government.” Article 11 of the Measures for the Election of the Villagers' Committees of Fujian Provinces prescribes: “A villager with the voter's qualification may be registered in the villagers' committee where his permanent residency is located.” Wu's permanent residency was relocated into Luxia Village on June12, 2003 and the election was held on July 12. According to the aforesaid provisions, before the day of election, Wu is entitled to be registered as a voter in the Villagers' Committee where his permanent residency is located, namely, in the Villagers' Electoral Committee of Luxia Village. 中华人民共和国村民委员会组织法》第十四条第四款规定,村民委员会的“具体选举办法由省、自治区、直辖市的人民代表大会常务委员会规定”。2000年7月28日福建省第九届人民代表大会常务委员会第二十次会议修订的《福建省村民选举委员会选举办法》第十一条规定:“凡具有选民资格的村民可以在户籍所在地的村民选举委员会进行选民登记。”起诉人吴少晖的户籍已于2003年6月12日迁入路下村,而路下村的选举日是7月12日。根据上述规定,选举日前,吴少晖有权在户籍所在地即路下村的选举委员会进行选民登记。
Article 12 of the Measures for the Election of the Villagers' Committees of Fujian Province prescribes: “ The voter's qualification as registered shall be valid for a long term. Before an election is held, those voters as registered in the previous election shall be re-registered; besides, where a person has recently reached 18, where a person with the voter's qualification has recently moved into a village or where a person has recently had his political rights restored after the period for deprivation of political rights has expired, the relevant registration for voters shall be made up. Where any voter, upon registration, moves out of a village, dies or is deprived of his political rights according to law, his name shall be removed from the roll of voters.” Wu, who has the voter's qualification, resides in Luxia Village all along, although his permanent residency was Luxia Village theretofore. In each election of the Committee, he went through the registration of voters in the Village. Therefore, Wu's voter's qualification has been confirmed through registration by the Committee and thus shall be deemed as long-term effective. Wu shall not be removed from the roll of voters except for such special reasons as move-out, death or deprivation of political rights according to law. Wu's claim of being registered as a voter is established on legal ground and thus shall be sustained. The relevant provisions of the Procedures for the Election of the Villagers' Committees as distributed by the Department of civil affairs of Fujian Province that “A person with non-agricultural permanent residency subject to the administration of a village shall not be registered as a voter.” conflicts with the Measures for the Election of the Villagers' Committee of Fujian Province and are therefore invalid. The decision made by the Committee on June 29, 2003 according to the aforesaid Procedures was wrong and shall be revoked. 福建省村民委员会选举办法》第十二条规定:“经登记确认的选民资格长期有效。每次选举前应当对上届选民登记以后新满十八周岁的、新迁入本村具有选民资格的和被剥夺政治权利期满后恢复政治权利的选民,予以补充登记。对选民登记后迁出本村、死亡和依照法律被剥夺政治权利的人,从选民名单上除名。”具有选民资格的起诉人吴少晖,以前的户籍虽然不在路下村,但一直在路下村居住;路下村历届村民委员会换届选举时,其都在该村进行选民登记;吴少晖的选民资格已经得到路下村历届村民选举委员会的登记确认,应当长期有效,非因迁出、死亡或依法被剥夺政治权利等特殊原因,不能从选民名单上除名。因此,吴少晖请求在路下村进行选民登记,于法有据,应予支持。福建省民政厅下发的《村民委员会选举规程》中,有关“户籍在本村管理的其他非农业户籍性质人员不作选民资格登记”的规定,与《福建省村民委员会选举办法》的规定相抵触,是无效的。路下村村民选举委员会2003年6月29日依据该规程作出的处理决定,是错误的,应当撤销。
Paragraph 1 of Article 14 of the Organic Law of the Villagers' Committees of the People's Republic of China 打遮阳伞就显得很娘prescribes: “For election of a villagers committee, the villagers who have the right to elect in the village shall nominate candidates directly.” Article 15 of the Measures for the Election of the Villagers' Committees of Fujian Province prescribes: “A candidate for a member of a Villagers' Committee shall be directly nominated by those villagers with the right to elect in either an independent or a joint manner. The number of candidates as nominated by voters shall be no more than the number of persons to be elected. As to any candidate as directly nominated by voters or any formal candidate as decided according to law, no organization or individual may cancel, adjust or alter it in the absence of statutory procedures.” The candidates for the Committee were directly nominated by the voters with the right to elect. Wu shall enjoy the nominating right after he is registered as a voter in the village. However, as to any other candidate as nominated by voters, Wu may not, without any justifiable reason, cancel, adjust or alter the result of nomination. Therefore, Wu's claim of invalidating the nomination of candidates for the Committee in the current election is not well established on legal basis and thus shall not be sustained. 中华人民共和国村民委员会组织法》第十四条小词儿都挺能整第一款规定:“选举村民委员会,由本村有选举权的村民直接提名候选人。”《福建省村民委员会选举办法》第十五条规定:“村民委员会成员候选人,由有选举权的村民以单独或者联合的方式直接提名。每一选民提名的人数不得多于应选人数。对选民依法直接提出的候选人或者依法确定的正式候选人,任何组织或者个人非经法定程序不得取消、调整或者变更。”路下村村民委员会成员的候选人,是由有选举权的村民直接提名产生的。起诉人吴少晖在该村进行选民登记后,对候选人也有提名权。但是,对其他选民提名的候选人,吴少晖如果没有正当理由,不得要求取消、调整或者变更。吴少晖起诉请求确认本届村民委员会的候选人提名无效,没有法律依据,不予支持。
JUDGMENT 
In conclusion, the People's Court of Pingnan County adjudicated on July 8, 2003 according to the provisions of Article 164 and 165 of the Civil Litigation Law of the People's Republic of China that: 综上,屏南县人民法院依照《中华人民共和国民事诉讼法》第一百六十四条、第一百六十五条的规定,于2003年7月8日判决:
The decision made by the Committee on not registering Wu as a voter shall be revoked. 撤销屏南县路下乡路下村村民选举委员会作出的对起诉人吴少晖选民资格不予登记的决定。
The judgment shall take effect upon announcement according to law. 

 宣判后,该判决依法立即发生法律效力。
 

     
     
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