Missing And Regression On The Village Committee Of The Administrative Proceedings The Defendant Eligible For

The villagers'autonomy make the farmers become the main part of political life, as well as the household contract responsibility system make them the main part of economic life. The villagers hope the villagers committee elected by themselves to control the resources and maintain their interest. The constitution and Organic Law of Villagers' Committees of the People's Republic of China concept the villagers committee as grassroots self-governing organizations, but in reality it shows the different nature and functions. In some places the township government make the villagers committee a "political organization, the township government spokesman";The village'cadres usually infringe upon the villagers'lawful rights with excuse of the villagers'autonomy. Namely, the villagers'committee and the villagers often in a unequal relationship of managing and managed. In fact, it should be a kind of administrative act because it is a public function to adjust the interests between the overalls and individuals. But there is controversy that dissension between the villagers committee and villagers belongs to civil legal relationship or administration one. The author thinks that the fuzzy regulation is the point and tries to establish the point of the villagers committee being administrative main body based on its position and the administrative main body.There are five parts in the paper.The first chapter is the introduction.The writer expounded the villagers' committee has important role under the new rural construction background, but lack of effective legal supervision.There is not a final verdict whether the villagers'committee has the administrative main body qualification or not in theory and law.This paper attempts to establish the point of "the villagers' committee being the administrative main body qualification" through empirical research.The second chapter started with a report from the villagers' autonomy drawn under the background of the villagers' committees, the author summarized three main functions and three kinds of identity of the villagers' committee, and reveals the village administrative subject characteristics and performance.The third chapter:the author analysed the administrative litigation is the only legitimate approach the civil litigation, excludeing civil actions, administrative ruling and people supervision.Paper elaborated the necessity of establishing administrative main body qualification.The forth chapter began with the realistic foundation of national administration have being developed to public administration and social administration, the result of the development of modern administration is the administrative subject pluralism. The author argues that the legal analysis of the form of administrative main body is fuzzy, the standard has defects. Since traditional ecriminal law expended functionaries of crimes to the main members of the village, it is a well-founded fact that the villagers'committee has administrative main body qualification.The fifth chapter is the conclusion. From the perspective of power supervisory, lacking of legal surveillance should cause village abuse; in the exercise of powers, village organization authorization comply with laws and regulations. In summary, making the villagers committee the administrative main body qualification is necessary and lawful.