On The Legal Status Of Village Committee In Administrative Litigation

With the deepening of economic reform in rural areas, the traditional rural governancein our country developed on the basis of villager autonomy, also blended in localautonomy in the blood, it makes the farmers as the main body of political life, and theconstruction of the rural political and social stability has played a positive role. At thesame time with the devolution of power, the nature of the villagers’ committee (hereinafterreferred to as the village committee), status and keep pace with The Times of change, ofthe constitution to the autonomous mass organizations at the grass-roots level positioning,cannot have satisfied about the management of the village committee behavior caused thedispute applicable law, the theoretical circle for the legal status of village committee in thelawsuit also there are big differences, especially the legal status of village committee inthe administrative litigation.The key to solve the problem is to clarify the legal status of the village committee, themost important is whether the village committee can be the defendant in administrativelitigation. This article from the generation and development of the village committee andthe existing legal position, combined with the development of the administrative litigationtheory, illustrate the urgency of the relocation, both foreign administrative litigationsubject qualification theory development as well as the realistic foundation in our country,try or actionable plan is put forward, in order to from the perspective of administrative lawfor the village committee make answer in legal position, make the village committeeincluded in the scope of administrative litigation, so as to better protect the legitimaterights and interests of the villagers.In general, this paper points three parts:The first part, the necessity. Firstly reviews the origin of the village committee and theexisting law shows that the current law on its orientation or not enough. Secondly, fromthe lack of relief way and the needs of the development of the administrative litigationtheory from two aspects this paper expounds the necessity of to define the legal status of village committee.The second part, the feasibility. The main body of the village committee characteristicto its administrative lawsuit main body existence superiority, developed the theory ofmodern administrative litigation also offer help, some regulations of other laws andadministrative law play a supporting role.The third part, the alternatives. Respectively on the theory and legislation improvementSuggestions are given, and connecting with the practice can be drawn lessons from abroad,lists the relief mechanism can be imposed on.