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村民委员会成员候选人的资格及审查作为村委会选举的关键内容和环节,其合法性及合理性将直接影响村委会选举成功与否,直接体现我国村民自治制度这一基层民主的发展方向。当前村委会选举中村委会成员候选人资格及审查存在理论和实践认识不一致、候选人资格限制及审查相关规定和要求不尽完善和统一、相关规定与农村现实要求存有脱节等问题和情况。对村民被选举权作适当资格限制,既必要又可行。法律应明确和完善村委会成员资格及审查的相关规定并防止过度限制,对村委会成员候选人资格分类采取终身限制、适时限制和刑满即可的三类限制模式,适当放宽限制期限和增加不宜当选条件等合理化改进措施。
The Qualification and Examination of Candidates of Villagers Committee As the key content and link of the election of village committees, their legitimacy and rationality will directly affect the success of the election of villagers committees and directly reflect the development direction of grassroots-level democracy in our country’s villager autonomy system . At present, there are inconsistencies in the qualification of candidates for the village committees in the village committee election and the existence of reviewing theories and practices, the limitation of qualification of candidates and the imperfection and unification of the relevant provisions and requirements of censorship, the discrepancy between the relevant provisions and the requirements of rural reality, and Happening. It is both necessary and feasible to properly qualify the villagers to be elected. The law should clarify and improve the membership of the village committee and the relevant provisions of the review and to prevent excessive restrictions on the qualifications of the village committee candidates to take three types of restriction: life-time, time-limit and penalties, the appropriate relaxation of the deadline And increase the inappropriate conditions should not be rationalized and other improvements.