On The Status Of The Administrative Body Of Villagers' Committees

The villager committee holds extensive autonomy power by law as a special social organization in the government system of our country .Whereas, absolutely most of its administrative actions are not regulated by the administrative law ,because the status of its administrative subject is not clear and definite .As the result, the knottiness and conflict between the villager and the villager committee can not be solved by administrative litigation . The conflicts in rural areas come together and the villagers appeal to the higher authorities for help constantly. Further more, the relation between the villager committee and the town government is not harmonious. Not only does this influence the social stability of Chinese village and the progression of ruling by law , but also bring much confusion and many problems which is hard to solve in judicial practice. This thesis will begin with the analysis of the development process from the beginning of the villager committee, its character ,its jural status and its functions .It expatiates on the administrative subject status of the villager committee which lies in itself and the theoretic and practical significance of affirming its administrative subject status by means of the analysis of theory and praxis .It clarifies that the villager committee becomes a new kind of administrative subject not just because of being accredited by law and regulations but its autonomy attribute. It also puts forward my opinions about affirming the status of the villager committee as an administrative subject.The whole thesis is divided into four parts : The first part summarizes the process of emergency and historical development ,the character, the jural status and the functions of the villager committee ; The second part analyzes the necessity of affirming the administrative subject status of the villager committee from two sides ,viz. theory and praxis; The third part expatiates the theoretic ground and praxis foundation of affirming the administrative subject status of the villager committee; The forth part puts forward the opinions about affirming the administrative subject status both in lawmaking and establishing the legal solution mechanism to solve the knottiness between the villager and the villager committee .