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Last updated at: (Beijing Time) Friday, April 19, 2002

Law Protects Rights of Elected Village Head

Qin Shouhua, an elected village head who was dismissed by the town government in east China's Shandong Province seven months ago, resumed his position again Friday after winning a lawsuit against the town.


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Qin Shouhua, an elected village head who was dismissed by the town government in east China's Shandong Province seven months ago, resumed his position again Friday after winning a lawsuit against the town.

Qin, 46, was elected as head of Xiaoguanzhuang Village in March 1999. Since then, he led his fellow villagers in building greenhouses, roads and bridges.

But he was unexpectedly suspended from duty at a meeting organized by the Nigou Town Government on September 9, 2001 on the grounds he failed to fulfill tasks set by his superior and spent too much on entertaining guests. When the news of his dismissal was announced through loudspeakers soon after the decision was made.

Back at home, Qin thought over the matter for over 10 days. "I was elected by my fellow villagers. The town government has no right to dismiss me," he said.

In the following months, Qin went to see the town leaders on nine occasions to defend himself. When his efforts failed to bring about a conclusive result, he filed a suit to the Zaozhuang City Intermediate People's Court.

In court, Qin's lawyer, Ma Hongjun, said the plaintiff was elected by villagers in accordance with the Organic Law on Village Committees. The defendant dismissed the plaintiff from his post without going through any legal procedures. This broke the law and Qin should resume his post.

Pan Zhengyou, defence lawyer for the Nigou Town Government, said Qin was suspended from his post under a decision taken by the Nigou Town Party Committee, rather than the town government.

Therefore, there were no grounds for Qin to sue the town government. In addition, he had failed to hand in funds due the town government.

A town official who declined to reveal his name said: "If we don't take disciplinary action against those who fail to perform their duties well, it is hard to achieve efficient management."

But Qin's fellow villagers argued that the funds could be paid when the autumn harvest was completed.

Finally, the dispute was resolved by an out-of-court settlement.

The Nigou Town Government reversed its decision to suspend Qin. In response, Qin agreed to withdraw his case. The town head, Zhang Huaizhu, made an apology to Qin.

"The practice of rule by law is the process of China's legal system. If the town government is unable to respect public opinion,it will dim the prestige of the people's government among the broad mass of people," Zhang said.

Liu Zhixi, a 37-year-old villager, said, "Now that the law vests us the rights of voting and being voted, the town government should respect our decision. Otherwise, it is pointless having direct elections." It is progress that the government corrected its mistakes, he added.

Commenting on the dispute, Zeng Zhenyu, a professor of Shandong University, said that local governments used to handle their disputes with villagers by issuing administrative orders. There was a fundamental change since the implementation of the Organic Law on Village Committees. If one acted on the old concept, he was likely to violate the state law or regulation.

China initiated an experiment in direct elections for village heads in 1988, to replace the former practice of official appointment and to reflect the will of the rural people.

Three-quarters of the village committees throughout the country have accomplished the first round of direct elections since the Organic Law on Village Committees was enforced in 1998.




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