近年来,随着国家对民生的关注以及一系列支农惠农政策的出台,我国广大农村牵涉的物质利益越来越多,这也使得村领导班子特别是村委会委员权力越来越大。与此同时,破坏村委会选举的行为也日趋严重,并呈现出暴力、威胁手段猖獗、欺骗花样翻新、贿选数额巨大等特征。但是,现阶段规制破坏村委会选举行为的法律规范尚不健全,只有《中华人民共和国村民委员会组织法》和《治安管理处罚法》两个法律规范,并且这两个法律规范对于破坏村委会选举的行为只规定了行政和治安处罚。危害与打击不相对称,违法成本太低,打击力度太轻。为此,笔者结合破坏村委会选举行为严重的社会危害性以及《刑法》关于破坏选举罪的罪责构成要件,建议引入《刑法》,将破坏村委会选举的行为纳入破坏选举罪调整范围。 In recent years, with the state’s concern for the people’s livelihood and the introduction of a series of policies to support agriculture and benefit the peasants, more and more material interests have been involved in the vast rural areas in our country. This has also made the power of the village leading bodies, especially the village committees more and more large . At the same time, the acts of sabotaging the village committees are becoming increasingly serious. Violence and threat threats are rampant. Trick or fraud is taken up and the amount of bribes collected is huge. However, at this stage, the legal norms governing the election of villagers committees are still not sound. Only the Law of the People’s Republic of China on the Organization of Villagers Committees and the Law on the Administration of Public Order and Security Penalties are the two legal norms. The conduct of the election only provides for administrative and security penalties. Harm and blow are not symmetrical, illegal costs are too low, blow too light. Therefore, combining the serious social harmfulness of undermining the village committee election and the constitutional elements of the criminal law on the crime of undermining the election crime, I propose to introduce “Criminal Law” to include the destruction of the village committee election into the scope of the disruption of the election crime.