Who decides the eligibility of voters to elect village committees?
Recently, Jinan Intermediate People's Court made a final ruling: upholding the ruling of Huaiyin District People's Court and rejecting the administrative prosecution of plaintiff Zhang Moumou v. Civil Affairs Bureau of Huaiyin District of Jinan City for revoking the administrative reply of villagers' committee's right to vote. Zhang Moumou, the plaintiff, filed an administrative lawsuit with Huaiyin District People's Court in early 2006 because she refused to accept the administrative reply from Huaiyin District Civil Affairs Bureau that she did not have the qualification to elect villagers' committees. Lawyer Yang Tonghe participated in the lawsuit as an agent of Huaiyin District Civil Affairs Bureau of Jinan. Lawyer Yang Tonghe believes that according to Article 13 of the Organic Law of Villagers' Committees, the election of villagers' committees shall be presided over by election of villagers committee and elected by villagers' meetings or villagers' groups. Article 9 of the Measures for Election of Villagers' Committees in Shandong Province stipulates that election of villagers committee is responsible for examining the qualifications of voters. Villagers who have the right to vote and stand for election and have household registration in their villages should register as voters before election day. Article 10 stipulates that election of villagers committee shall post a list of voters 20 days before election day. If the villagers have any objection to the published voter list, they may submit it to election of villagers committee, and election of villagers committee shall explain or correct it within three days. The power to examine, explain or correct the qualifications of voters in villagers' committees, including all the power to preside over elections, belongs to the scope of villagers' autonomy in the election of villagers' committees elected by villagers' meetings or villagers' groups. The guidance and reply of government departments are not legally binding. According to the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, Article 1, Paragraph 2 (4) stipulates that non-binding administrative guidance provisions do not belong to the scope of administrative litigation accepted by the people's courts. Huaiyin District People's Court adopted this agency opinion, but the plaintiff refused to accept it and appealed to Jinan Intermediate People's Court. Jinan Intermediate People's Court recently made a final ruling and upheld the ruling of the original people's court. This is the first lawsuit about the right to vote of village committee heard by Jinan court system.