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Since the distribution of the Notice of the General Office of Central Committee of the Communist Party of China and the General Office of the State Council on Widely Implementing the System of Openness and Democratic Administration of Village Affairs in the Countryside (No.9 [1998] of the General Office of the Central Committee of CPC) and the implementation of the Organic Law of the People's Republic of China on Villagers' Committees, the system of openness and democratic administration of village affairs has been widely carried out over the countryside nationwide, which has played an important role in promoting the rural reform, development and stability. With a view to earnestly implementing the requirements that "The grassroots self-governing organizations and democratic administration system shall be perfected, the system of openness of handling affair shall be improved, so as to ensure that the mass people can directly exercise their democratic rights according to law, administer grassroots public affairs and welfare undertakings, and make democratic supervision over the cadres ", which were put forward in the 16th Plenary Session of the CPC, adapting to the new situation of rural development, and further promoting the coordinated development of socialist material civilization, political civilization and cultural and ethic progress in the countryside, and upon the approval of the Central Committee of the CPC and the State Council, we put forward the following opinions on perfecting and improving the system of openness and democratic administration of village affairs. I. The great significance for further promoting the openness and democratic administration of village affairs shall be fully understood At present, our country is in a new development stage of building an all-round well-off society, and accelerating the promotion of socialist modernization, the tasks for rural reform, development and stability are very heavy. The implementation of openness and democratic administration of village affairs is the embodiment of practicing the important thought of "Three Represents" and maintaining the fundamental interests of farmers, and is the important content of improving self-government of villagers and development of socialist democracy, and is the necessary requirement for smoothly promoting rural reform and development, speeding up the process of building a well-off society in an all-round way in rural areas. It is also the effective approach to promoting the improvement of Party style and building a clean government, and building a closer Party-mass and cadre-mass relationship. Over the past few years, encouraging progress has been made in promoting the openness and democratic administration of village affairs at all localities nationwide, but we shall keep clear-headed that problems still exit in some places, for example, they lay more stress on the form of openness and democratic administration of village affairs, pay little attention to the actual effect, the relevant systems are not perfect, and no democracy is executed in decision-making, and etc.. All these issues are not accommodated to the new situations and the new tasks for rural reform, development and stability, and have hindered the rural economic and social development to some extent. In order to put into practice the various policies of the CPC for rural areas and earnestly solve the issues concerning the agriculture, countryside and farmers, we must further perfect and improve the system of openness and democratic administration of village affairs, and push forward the work of openness and democratic administration of village affairs solidly. The Party committees and the governments at all levels shall be guided by the Deng Xiaoping Theory and the important thought of "Three Represents", boost up the consciousness and sense of urgency for promoting the openness and democratic administration of village affairs, and make great efforts to do well the great matter relating to the vital interests of hundreds of millions of farmers as soon as possible, and make effects, so as to realize, maintain and develop the fundamental interests of the farmers. II. The system of openness of village affairs shall be further perfected to ensure the right-to-know of farmers 1. Improving the contents of openness of village affairs. Village authorities shall continue the policy to tell villagers how the family planning policy is carried out£¬how relief funds and goods are distributed£¬how the land designated for residential housing is used£¬how the returns from the income of village collective economy is used and how much villager cadres are paid for their work, etc., clarified by the relevant laws and regulations and policies of the state. The opening of financial affairs shall remain the emphasis of openness of village affairs£¬subsidiary ledgers for all the revenues and expenditures shall be opened item by item, so that the mass people may know and supervise over the collective assets and financial revenues and expenditures. Meanwhile, the contents of openness of village affairs shall be enriched and expanded according to the new situations and new conditions of the reform and development of the rural areas. At present, such contents shall be brought into the openness of village affairs in time as the compensation and distribution for land requisition£¬contracting of cropland and "Four Kinds of Uncultivated Land (including barren hills, uncultivated hillsides, uncultivated channel, and uncultivated beach) "£¬village's collective creditor's rights and debts£¬policies on tax reform and the exemption and reduction of agricultural taxes£¬payments and rewards for "one project, one policy" within the village, new-type rural collective Medicare£¬and government subsidies for grain production, cashing in funds or goods for the restoration of cultivated land to forests and grasslands, and the implementation of other policies of the state for subsidizing farmers and financing the village collectives. Other matters, which should be opened upon the request of farmers, shall also be opened. 2. Regulating the form, time of and basic procedures for openness of village affairs. The rural areas of all the localities shall stick to the principle of practicality, utility and actual effects, and set up fixed billboards for openness of village affairs at the place where it is convenient for the mass people to reach, or make public the village affairs by other effective means such as radio and TV programs£¬the Internet, "Subsidiary Ledger for Expenses" and democratic hearings. General village affairs shall be made public at least once every quarter£¬and major issues involving farmers' interests or the farmers' concern should be made public in time. Where a village has more collective financial affairs, the financial income and expenses shall be opened once a month. The result for handling village affairs shall be pushed forward, and shall be extended to the openness of the whole process before, during the course of, and after the handling of any village affairs. Modern science and technology shall be made the best of to renovate the effective forms and means for the openness of village affairs continuously. The basic procedures for the openness of village affairs shall be: the villagers' committee shall, according to the reality of its own village, propose concrete plan for the openness in accordance with the relevant requirements of laws and regulations and policies; the group for the supervision over the openness of village affairs shall, after making examination, supplementary and improvements on the plan, submit it to the Party organization of the village and the joint meeting of villagers' committee for discussion and determination; and the villagers' committee shall make public the village affairs through village billboard and other forms. 3. Establishing the group for the supervision over the openness of village affairs. The members of the group for the supervision over the openness of village affairs shall be produced through election from the representatives of villagers by the villagers' assemblies or meetings of villagers' representatives, and shall be responsible for the supervision over the implementation of the system of openness of village affairs. No village cadre or his/her spouse or any lineal relative may act as the member of the group for the supervision over the openness of village affairs. The group for the supervision over the openness of village affairs and its members shall love the collective, be impartial and honest, and have certain ability of discussing official business, and among them there shall be members with finance and accounting knowledge. The group for the supervision over the openness of village affairs shall perform duties according to law, and earnestly examine whether the various contents of the village affairs opened are complete and real, whether the openness is made in time, whether the forms of openness are scientific, and whether the procedures for openness are normative, and shall report the supervision conditions to the villagers' assemblies or meetings of villagers' representatives in time. If any of the members fails to perform duties, the villagers' assemblies or meetings of villagers' representatives shall have the right to recall his/her qualifications. 4. Hearing and resolving the opinions of the mass people. In case the mass people have any questions on the contents opened, they may lodge complaints to the group for the supervision over the openness of village affairs orally or in writing, and the group for the supervision over the openness of village affairs shall make investigation into the issues reflected by the mass people in time, and shall urge the villagers' committee to make public those having omitted some contents or whose contents are unreal; or may inquire directly of the village Party organization or the villagers' committee, the villagers' committee shall make explanation and give reply within 10 days. The villagers' committee shall clean up the documents of village affairs opened and put them on archives and keep them properly. III. The democratic decision-making mechanism shall be further regulated to ensure the decision-making right of farmers 1. Promoting the democratic decision-making on village affairs. Democratic decision-making shall be conducted on all those matters closely related to the vital interests of farmers, such as the contracting and leasing of village collective land£¬restructuring of collective enterprises£¬collective debts£¬disposal of collective assets, payment of the village cadres, plans for raising funds for village public welfare enterprises, and the plans for construction contracting, etc., which may not be determined by any individual or minority people. The establishment, revocation and merger, and adjustment of scope of any villagers' committee shall be subject to the deliberation and approval of the villagers' assemblies after the people's governments at the village level have proposed opinions, and shall be reported to the people's governments at the county level for approval. In a village where reform has been carried out on collective economy through stock system or stock cooperative system, democratic decision-making and democratic supervision shall be carried out in light of the relevant requirements after the reform. The village affairs subject to the democratic decision-making shall conform to the guiding principles and policies of the CPC and the laws and regulations of the state, and shall not have such contents of infringing upon the personal rights, democratic rights and lawful property rights of any villagers. 2. Clarifying the form of village democratic decision-making. The basic organic forms of the village democratic decision-making are the villagers' assemblies and the meetings of villagers' representatives. In convening a villagers' assembly, more than half of the villagers of the corresponding village who are over 18 years old shall be present, or more than two thirds of the households of the village shall be present, and the decisions made by the assembly shall be passed with the concurrence of more than half of the members present. Where such major matters concerning the contracting and adjustment of rural land are involved, democratic decision-making shall be conducted in accordance with the Law of the People's Republic of China on Rural Land Contracting and the relevant laws and regulations. The meetings of villagers' representatives shall discuss and determine the matters authorized by the villagers' assemblies. The representatives of villagers shall be produced through the election of villagers according to law, and among whom women shall account for a certain proportion. The rules of procedures for the villagers' assemblies and meetings of villagers' representatives shall be improved, and the system of contacting households by the villagers' representatives shall be established and perfected, so as to ensure that the villagers' representatives may really represent the public opinions. The effective forms of revocation and merger of villages and democratic decision-making in case of continuous increase of farmers who go out of the village to work or do business shall be carefully studied and probed into. 3. Regulating the procedures for democratic decision-making at the village level. The following decision-making procedures shall be followed for matters concerning the interests of villagers: a proposal shall be put forward by the Party organization of a village, villagers' committee, village collective economic organization, or signed jointly by more than one tenth of villagers or signed jointly by more than one fifth of villagers' representatives; and the Party organization of the village shall accept the proposal uniformly and convene a joint meeting of village Party organization and villagers' committee to make research and propose specific opinions or suggestions; and the villagers' committee shall convene villagers' assemblies or meetings of villagers' representatives to make decisions on it through deliberation; the village Party organization and the villagers' committee shall organize the implementation of the matters subject to the democratic decision-making. Opinions of villagers or representatives of villagers shall be widely solicited through public notice on matters subject to the discussion and determination of villagers' assemblies or meetings of villagers' representatives before the convening of such meetings, and the results of voting shall be announced in time after the meetings. And the implementation of the matters determined shall be announced in time so as to accept the supervision of the mass people. In case of any major matter involving the interests of villagers, it shall be submitted to the villagers' assemblies or meetings of villagers' representatives for discussion and determination in light of the decision-making procedures. 4. Establishing the system of prosecution of decision-making liabilities. No resolution reached by any villagers' assembly or meeting of villagers' representatives according to law may be altered at will unless there occurs natural disasters or other emergency circumstances. Where there is real necessity to alter it due to the changes of circumstances, it shall be subject to the discussion and determination of the villagers' assembly or meeting of village representatives. Matters determined by any villagers' assembly or meeting of village representatives shall be recorded in writing and properly kept. It will be deemed as invalid in case any organization or individual makes loans in the name of the collective, alters or disposes the village collective land, enterprises, equipment, and facilities, etc.. And the villagers shall have the right to refuse such acts. The losses caused shall be borne by the organization or person that is liable. If it constitutes a breach of discipline, it/he shall be punished by the party disciplines or political disciplines. If the organization or individual is a suspect of any crime, it/he shall be transferred to the department of justice according to law. IV. The democratic administration system shall be improved to ensure the farmers' right to participation 1. Promoting democratic administration of village affairs. Village Party organizations and villagers' committees shall, according to the guiding principles and policies of the CPC and the laws and regulations of the state, organize all the villagers to formulate and improve the articles of association for the self-government of villagers, village regulations and rules of villagers, rules of procedures for the villagers' assemblies and meetings of villagers' representatives, and financial management systems, etc. through discussion and in light of reality, clarifying the duties of the village cadres, rights and obligations of villagers, functions, working procedures and correlations of various organizations at the village level. They shall put forward clearly the requirements for economic management, public security, transformation of social traditions, family planning and other aspects, so as to regulate the acts of village cadres and villagers through system, and boost up the abilities of villagers for self-administration, self-education and self-service, and build up the cadres' and mass people's concept of rule by law and ability for handling affairs according to law. 2. Establishing the system of handover of the work of the villagers' committee after the changing of the personnel upon completion of a term of office. After the end of the work of changing personnel upon completion of a term of office, the former villagers' committee shall hand over to the new villagers' committee in time the common seal, place of offices, office appliances, collective financial accounts, fixed assets, work archives, creditor's rights and debts, and other issues left over, etc.. The handover work shall be presided over by the people's governments at the village level. In case anyone refuses to hand over or delay the handover without justifiable reasons, the village Party organizations, party committees and governments at the village level shall give criticism to and education on it/him, and urge it/him to correct. In case any major issue is found in the process of handover, the village cadres and villagers may reflect it to the people's governments at the village level or the disciplinary inspection and supervision organs, the people's courts, the people's procuratorate, and other relevant organs. The entities accepting the cases shall handle them in time according to law. 3. Strengthening construction on the villagers' democratic financing system. The villagers' democratic financing shall be carried out by the group for villagers' democratic financing on behalf of the villagers. The members of the group for democratic financing shall be produced through election by the villagers' assemblies or meetings of villagers' representatives from the group for the supervision over the openness of village affairs. The group for democratic financing shall be responsible to the villagers' assemblies or the meetings of villagers' representatives and report the work to them. The group for democratic financing shall be responsible for making democratic supervision over the collective financial activities of its own village, and participate in the formulation of the collective financial plans and various financial management systems of its own village, and shall have the right to make examination, audit the financial accounts and the relevant items of economic activities, and shall have the right to veto the unreasonable expenditures. If any party has any objections to the veto, that shall be submitted to the villagers' assemblies or meetings of villagers' representatives for discussion and determination. Villagers shall have the right to call into question the collective financial accounts of their own villages, and shall have the right to entrust the group for democratic financing to consult and check the financial accounts, and shall have the right to require the relevant parties to make explanations on financial issues. Where, in a village, more financial issues are reflected by the mass people, the Party committee and the government of the county and village and the relevant departments thereof shall assist them to do a good job of cleaning up and rectifying the finance, solve the issues in existence, and establish and improve the financial management and democratic financing systems. The measures for the supervision over the collective assets shall be formulated and improved to prevent the loss of collective assets and ensure the inflation proof and increment of the collective assets of the villages. 4. Regulating the procedures for the examination and approval for the revenues and expenditures of the village collective finance. Where any financial item occurs, the handler shall obtain the effective original certificate, indicate its use and put his/her signature or seal to it, and hand it over to the group for democratic financing for collective examination. After it has been approved upon examination, the head of the group for democratic financing shall put his/her signature or seal to it, and report it to the responsible person of the Party organization of the village and the villagers' committee for approval and signing (sealing). The accountants shall keep accounts after verification. In case any item of financial income and expense is determined as unqualified after being checked by the group for democratic financing, the relevant expenditure thereof shall be borne by the person liable. After the completion of the financial process, it shall be opened in accordance with the procedures for the openness of finance, and accept the supervision of the mass people. The people's governments at the village level and the competent department in charge of business operation shall strengthen guidance to and supervision over the financial activities at the village level. V. The supervision restriction mechanism on the administration of village affairs shall be further strengthened to ensure the villagers' supervisory rights 1. Strengthening audit supervision over the rural collective finance. The departments of management and instruction of rural collective assets and finance at both the county level and the village level shall earnestly organize the work for the auditing of and supervision over the rural collective finance. The contents of the audit shall mainly include: the management and use of the collective assets, financial budgets and final accounts, financial income and expenses, production and management and the management on the contracting of construction projects, collective creditors' rights and debts, the use of the capitals and materials allocated by the superior authorities or from social donations, and other conditions, as well as other matters to be audited upon the demand of the mass people. At present, great efforts shall be made to strengthen the audit on the disposition of collective assets in the process of collective land requisition, restructuring of collective enterprises, changing villagers' committees into residents' committees, and merging of villages, and strengthen the audit on the remunerations for the "one project, one policy" within villages, new-type of rural cooperative Medicare, various subsidies and materials distributed to the villages and households by the governments and on other matters concerned, and shall announce the auditing results in time. Audits must be conducted on the village cadres at the expiration of their term of office or when they leave office. In case anyone is found out to have misappropriated the collective assets and capital, eaten or seized more than the amount that should be allocated to him/her, or to make extravagance and waste, he/she shall be ordered to pay compensation for exactly the amount he/she has unlawfully taken. In case it involves the law violation or disciplinary violation by any state functionary or village cadre, who need to be given party disciplinary or political disciplinary punishment, he/she shall be transferred to the disciplinary inspection and supervision department. If a crime is constituted, he/she shall be subject to legal liabilities according to law by being transferred to the department of justice. The finance on the assets owned by the rural collective economic organizations, villagers' groups, trade associations of farm produce and animal products, and special cooperative organizations of farmers shall also be opened. And efforts shall be made to strengthen management and supervision. 2. Pushing forward the system of democratic appraisal of village cadres. The objects of democratic appraisal shall be the members of the team of village Party organizations, members of team of villagers' committees, members of team of village collective economic organizations, head of the villagers' groups, and other village affair management personnel who enjoy the subsidies (wages) for their delaying of work, which are borne by the villagers or the collectives. The democratic appraisal shall be organized concretely by the Party committees and governments at the village level, and shall be conducted by ways of villagers' assemblies, meetings of village representatives or having an informal discussion with villagers, etc.. Democratic appraisal shall be conducted once a year. The standards for checking the qualification of the village cadres shall be whether the mass people are satisfied with their works. And the result of appraisal shall be connected directly with the employment and standard of subsidies (wages) of the village cadres. Where a village cadre is appraised as unqualified after two consecutive appraisals, he/she shall be punished in light of the relevant provisions of the CPC, if he/she is a member of the village Party organization. If he/she is a member of the team of villagers' committees or a member of the team of village collective economic organizations, he/she shall be ordered to resign. If he refuses to resign, the recall procedures shall be started up. As to other village affair administrators, the villagers' committees shall convene villagers' assemblies or meetings of village representatives to make punishment decisions. 3. Establishing and improving the system of encouragement and restriction on village cadres. Great efforts shall be made to publicize, encourage and praise those leaders who positively implement the openness and democratic administration of village affairs, so as to earnestly maintain and safeguard the legal rights and interests of the village cadres. Those cadres who violate procedures in decision-making and administration of major village affairs, and who act willfully on their own, or cause great losses due to the mistakes in work, or fail to open the village affairs in time and completely, make falsification to infringe upon the democratic rights of villagers, the villagers' assemblies or meetings of villagers' representatives shall have the right to criticize them and require them to correct within a prescribed time limit. If he/she is a member of team of village Party organizations and refuses to correct, he/she shall be subject to the corresponding party disciplinary punishment according to the relevant provisions of the CPC. If he/she is a member of the team of villagers' committee, he/she shall be recalled according to law. VI. Guidance to the work of openness and democratic administration of village affairs shall be further strengthened 1. Strengthening organization and guidance. The CPC committees and the governments at all levels shall, with the attitude of seeking truth and according to facts, take the work of openness and democratic administration of village affairs as an important event concerning the rural reform, development and stability, and combine the work closely with such various works as increasing farmers' income, strengthening socialist cultural and ethic construction and the construction of CPC organizations in rural areas, so that they may be promoted mutually and improved together. The Party committees and the governments at all provinces, autonomous regions, and municipalities directly under the Central Government shall make research and analyze in time the work for the openness and democratic administration of village affairs, and put forward instructive opinions. The Party committees and the governments at the counties or cities shall formulate concrete implementation opinions and pay attention ceaselessly. The promotion of openness and democratic administration of village affairs shall be taken as an important content of examination and appraisal of model villages of democracy and rule of law, "Five Goods (which means: building a good leading team, cultivating and training a good troop, choosing a good way for economic development, improving a good mechanism, and perfecting a set of good system) " village CPC organizations, "Five Goods" township Party organizations and advanced counties or cities in the construction of rural grassroots organizations. The system of openness and democratic administration of village affairs shall be further implemented through rigid examinations. 2. Perfecting the guiding system and work mechanism. A guiding system and work mechanism shall be established and perfected in all localities under the unified leadership of the Party committees and the governments, participated together by the relevant departments, organized and coordinated by the departments of civil affairs. The necessary personnel and expenditures for carrying out the work shall be ensured. All the relevant departments shall, within their own scope of functions, support and guide the CPC organizations, villagers' committees, collective economic organizations of rural areas, so that they may do a good job of openness and democratic administration of village affairs. The Communist Youth Leagues, women's federations, and the family planning associations shall mobilize youth, women, and members of family planning associations in rural areas to take an active part in the activities of openness and democratic administration of village affairs. The coordination organs for openness of village affairs shall master the trends of the work, strengthen communications and coordination. The press and media shall strengthen guidance to and supervision over public opinions. Various ways of cultivation of models, demonstration and guidance, special inspection, etc. shall be made to positively probe into effective ways of promoting the openness and democratic administration of village affairs. 3. Clarifying the responsibilities of the Party organizations and the governments of the counties and villages. The Party committees and the governments of counties and villages shall be the key factors for perfecting and improving the system of openness and democratic administration of village affairs. The responsibility system of party and government leaders shall be established, and the openness and democratic administration of village affairs shall be regarded as an important content of examining the political performance of the grassroots cadres. The measures for examination and appraisal shall be improved continuously. Great efforts shall be made to boost up supervision and inspection. The letters, visits and complaints of the mass people shall be accepted in time, so as to dissolve social contradictions and maintain the stability of the countryside. Great efforts shall be made to strengthen training on the new leaders of villages and groups, finance and accounting personnel of rural areas, members of the group for democratic financing and representatives of villagers, so as to improve their level of policy and ability for handling matters according to law. They shall be trained to promote the rural work by methods such as the persuasion, demonstration and service. Efforts shall be made to strengthen the work for the construction of cultural and ethic progress of rural areas and ideological and political work, and to positively guide the farmers' participation in the practice activities of openness and democratic administration of village affairs, so that they may learn to exercise democratic rights accurately in practice. Acts of intervening in the administration of grassroots economic and public affairs by making use of religion, clans and kinship shall be firmly put down. 4. Bringing into full play the leading role of the village grassroots Party organizations. An energetic villagers' self-government mechanism under the leadership of the village CPC organizations shall be perfected to organically unify the leadership of the CPC, sufficiently carrying forward democracy and earnestly handling matters according to law into the practice of the socialist democracy of rural areas. CPC organizations in the villages shall guide and support the farmers to participate in the administration of village affairs according to law, supervise over the implementation of the system of openness and democratic administration of village affairs, and hear the opinions of the mass people in time, so as to improve the systems and the work. Rural members of the CPC, especially the cadres of the members of CPC shall play the role of pioneer and model, respect the democratic rights of the farmers, and take the lead in the implementation of the system of openness and democratic administration of village affairs. Villagers' committees, village collective economic organizations and other organizations at the village level shall, under the leadership of the village CPC organizations, hold the mass farmers together, and make concerted efforts to do a good job of openness and democratic administration of village affairs, so as to promote the overall development of the various causes of the rural areas. |
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