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The Paradigm Shift in the Disciplining of Village Cadres in China: From Mao to Xi

Published online by Cambridge University Press:  12 October 2021

Juan Wang*
Affiliation:
Department of Political Science, McGill University, Montreal, Canada
Yu Mou
Affiliation:
School of Law, SOAS, University of London, London, UK. Email: ym19@soas.ac.uk.
*
Email: juan.wang2@mcgill.ca (corresponding author).
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Abstract

Village cadres are important agents for the state yet disciplining them has been difficult. There are few disciplinary tools that can easily hold them to account. Prior to 2018, Party discipline did not apply to non-Party cadres. Legislation was ambiguous in relation to these grassroots agents and had to rely heavily on legal interpretation. The impact of the cadre evaluation system on village cadres, who are not considered to be public servants on the state payroll, was limited. This situation has changed since 2018. The party-state has consolidated and institutionalized ways in which grassroots cadres are checked and disciplined. Instead of relying on policy regulation, which had been the dominant disciplinary method since 1949, village cadres are now fully subject to Party rules and state laws. These changes have been accomplished through the application of three measures. First, village Party secretaries are to serve concurrently as village heads, and members of village and Party committees are to overlap, thereby making them subject to Party discipline. Second, village cadres are now considered to be “public agents” and are on an equal legal footing with other state agents. Finally, a campaign waged by the criminal justice apparatus cleaned up village administration and prepared it for upcoming village elections in a new era.

摘要

摘要

对基层村干部的管理惩戒一直都是中国共产党国家治理的重要内容,但是其困难之处在于针对基层村干部的惩戒手段较为有限。在 2018 年之前,党内惩戒并不适用非党员的基层干部。法律条文也鲜有对村委会基层干部的直接惩戒措施,不少制裁需要通过司法解释来实现。干部评审制度也不适用于非国家公职人员的村干部。这种困境在 2018 年以后发生了显著的变化。基层村干部近年来被逐步纳入党的制度化建设。对基层村干部的治理不再仅仅作为政策层面的要求,而是更多体现在党规和正式立法中。这种管理模式的改变主要反映在三方面。首先,村支书和村长一肩挑以及村委和党委成员的重合让基层村干部直接受制于党规。其次,基层村干部正式纳入国家公职人员范畴。最后,扫黑除恶专项斗争实现了对基层政权的清理,为即将开展的村干部换届选举工作铺平了道路。

Information

Type
Research Article
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of SOAS University of London