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An Attempt To Discuss The Administrative Status Of Village Committee In A New Period

Posted on:2010-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z H CengFull Text:PDF
GTID:2166360275995940Subject:Law
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Village committee has come to existence for about twenty years in China. As a village management mode, village committee autonomous organization is a historic selection. It adapts to social development in a certain period. In recent years, with the further carry-out of the reform and opening-up to outside world, especially the implementation of the new village construction as well as the development of the rural society, village committees are confront with more and more practical problems. Thus the author of this thesis has collected varies phenomenon of the village committees through thorough investigation in his hometown and selected some typical ones in order to make detail discussion from the angle of legal science.This thesis is mainly divided into six parts. Part I contains the foreword, which firstly puts forward the main purpose of this essay. That is nowadays the academicians pay more attention to the democracy development in rural areas and the invasion of the rural administration than on the problems about village committees, which cannot be ignored. Then the author expatiates on the thread, method and references.In partâ… , the author briefly reviews the development of the village committee and sorts out the history background and development process of the village committee. In partâ…¡, the author summarizes the researches on Liyutang Town. Four instances are chosen by the author to explain the problems of village committee. Among those problems, the first and foremost one is the unclear legal position of village committee, which if properly established, could solve many problems by means of current law.Partâ…¢is the argumentation of the village committee's administrative subject status. Section I contains the generalisation of administrative subject. The brief generalisation on administrative subject is based on the conception of the administrative subject, the historical development of the administrative subject, theory of country body in administrative law in continental legal system and the conditions to establish the administrative subject. Section II demonstrates the village committee's administrative subject status based on the two conditions to establish the administrative subject. One is that the village committee is in possession of the public administrative right; the other one is that it has the capability to take separate responsibility.In Partâ…£, the author discusses the practical significance the establishment of village committee's administrative subject status imparts on the rural areas. Firstly, the village committee as administrative subject can contract with the College-Graduate "Village Official", which can not only prevent them to turnover, but is conducive for the introduction of talents. Secondly, it is beneficial for the village's autonomous management and the village committee can also establish civil relationship with other civil subjects. In addition, it can give them an advantage to ensure the effective implement of its autonomous affairs. Thirdly, village committees can conclude regulations and agreements as a source of their management power to enforce its function. Lastly, it is also beneficial for the nation to supervise the village committee. Both the nation and villagers are able to monitor the village committee by means of the current law.In Partâ…¤, the author conceives of reconstruction of the village committees. According to the author, protection of the village committees' executive power is of first importance to the establishment of their administrative subject status. Meanwhile, a system should be formed to make the village committee membership match its administrative subject status. Besides, conceive of the legal institution is confined to literal form. Anyhow, modification to the law is a rigorous task.The last part is the conclusion to this thesis.
Keywords/Search Tags:village committee, administrative subject, reconstruction
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