Judicial Perspective on Dilemma of Basic Democracy in Rural Area ——Taking the Judicial Cases of Xinhui Court as the Research Object

By empirically analyzing Xinhui court’s judicial cases which are concerned with peasants, the phenomenon, such as the affectation of democratic election, village official abusing power to harm the public interesting and village official committing economic crime, often happen in basic democracy of rural area. The institutional causes of the dilemma include the vacancy of education and guidance for democratic election, the management mechanism of autonomy of villagers becoming a mere formality, the imperfect mechanism of democratic supervisor, and poor way of legal remedy. It must make countermeasures from legislation, institutional innovation, and associated action of departments