Font Size: a A A

Analysis Of Qualifications Of The Village Committee Administrative Proceedings The Defendant

Posted on:2009-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhaoFull Text:PDF
GTID:2206360248451207Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
It's an important aspect of socialist construction to develop socialist democracy, as well as socialist's essence claim and an important guarantee for socialist modernization; socialist's essence claim and an important guarantee for socialist modernization. As the result of combining of the west local autonomy and Chinese traditional country government pattern, it's the entail of democratic vote, democratic government, democratic supervision, democratic decision-making, the important aspect of Chinese democratic construction in grass root, the part of Chinese political reform, and an important aspect of socialist construction of democracy modernization. Some administrations behaviors that will bring about administration effect on village people of basic level government usually entrusting the villagers' committee will on behalf carry which make it become the assignee of service. It's the practice demand that the villagers' committee became more and more administered. Because of the close contact of he villagers' committee and village people it will be more appropriate that some administration exertion by the villagers' committee. But along with the variety of some authority of the villagers' committee, it became more difficulty that how to candle the disagreement village people. Writer believers than the key answer is make the litigation accused of our country administration more perfectly.We can see from current realistic condition, the problem-solving key lies in to the villagers' committee should be accurate fixed position and make sure a regular analysis to the litigation accused of the our country administration. Writer will put the point on the villagers' committee and the administration litigation to find out the answer the villagers' ommittee should be taking as the accused of the administration law.The overall analysis of the villagers' committee and the accused of the administration law constitute two textual main lines.The accurate fixed position of the villagers' committee is the foundation that it is the accused of the administration law or not. The analysis of the villagers' committee, writer will launch manly from following few aspects: Firstly, is the introduce of the villagers' committee. The exist of the villagers' committee is together with the disintegration of the people's commune together. With experiencing farmers' association, poor peasants regiment, residents' group, it will be soon turn into with autonomy what crowd organize in various committee etc. Initial stage, until promulgate in 1982 of Constitute Law of Republic of China which take the villagers' committee as the organize for waged people crowd's self-government that the villagers' committee be build. In the beginning, the villagers' committees have been taking as the self-management, self-image education, and self-service of grass-roots crowd autonomy organization by the Organization. Anon Law of Village committees is the village committee this system construction core, may understand that for the self-government, specifically speaking is the self-control, the self-education and the self-service But writer believe that the fixed position must be mistaking. The mass character in the autonomous organization is the autonomous main body performance, the populace is people, indicated that people exercise the autonomy in the mass autonomous organization, but regarding the village committee, its autonomous main body defines in the countryside villagers' category. But the author thought that such localization is inaccurate. The villager self-administration the main body is all villagers, but the non-village committee, the villagers exercises the autonomy through the villagers congress, the village committee just is the villager congress's implementing agency, but is not the villager self-administration the main body. The corpus of the village people autonomy is an all village people rather than the villagers' committee. Secondly, the relation of the villagers' committee between with villager and the village conference. The writer think the village committee will be the performance organization that the conference resolution is "agent" of village people autonomy, is a village people autonomy is one part within system by analyzes this contraction. Analysis the village committee and in the basic unit government's relations', the author saw the two's contradictory conflict: Looking from the villages and towns aspect, some villages and towns still treated as the village committee own administrative subordinate or the Agency, was still accustomed to the tradition orders director's-like mode of administration, carried on the administrative intervention to the village committee work and the villager self-administration; Looking from village committee's reality operation, village committee's function needs the national civil rights strength the further adjustment to take the guarantee. But in the meantime, the villagers' committee has some administrator by accredit of the law and entrust by grass-roots political power. To take the villagers' committee as the accused of Organization Law of Village Committees we must to analyze the rule of to confirm the accused of the Organization Law. In this article, writer analyzed the accused rule of the administration litigation writer to adopt in this text the theories analysis and substantial evidence analysis combine of way. Administration corpus to be take as core concept, we also encounter to query of many scholars with the accused system of the administration litigation's.He scholars standpoint, agree with perfecting our current administration litigation be accused to make sure rule. Establish the standard of "who behavior, who accused" extend the be subjected to of administration litigation case scope, simplify the accused system of the administration litigation with aspect administration opposite person litigation of aim, realize the human rights.To the village committee introduction this first part of final, the author has carried on the broad elaboration to village committee's function. Has not carried on the system, concrete enumeration in "Villagers Committee Constitutive law" to village committee's authority, but is the generation by the concise quality, the indirect stipulation sees here and there Yu Zhengbu in the law. The author unifies village committee's legal authority and the reality operational practice, thought that its actual authority mainly involves the following several aspects: First, manages this village the public affairs and the public utility. On the village committee, the organization water conservation, path, school infrastructures and so on implements this village construction plan, to start construction, instructs the villagers to construct the housing, utilizes the public resource properly, the management public health, calls the villagers conference and so on belongs to its control limit to its report work. But the public peace and order mainly involves the public security as well as the entire villiage villagers lives aspects and so on order, like the adjustment civil dispute, the fire safety control, maintain in the village the public security and so on. Obviously, the village committee takes the entire village public affairs superintendent and public peace and order vindicator, in the related laws and regulations are clear about in the scope of authority to exercise the corresponding authority to have in certain extent administrative. In this kind of bilateral status not coordinated legal relationship, the village committee definitely may, realize the right and the duty independently by own name, and undertakes the corresponding responsibility, must therefore determine its administrative proceedings defendant qualifications. Secondly, financial control functions. This function mainly involves in the land which and some villages is closely related in the villagers economical project initiating a project and other collective property capturing with provides. In implements the management of economy to the villagers under the pattern, the villagers collective the property rights which and the village committee will enjoy to the property representative who will be authorized based on the villagers exercises between the authority will often have in the certain extent in the actual operation coming apart. Will therefore then present between the village committee and the villagers about aspect and so on collective property utilization, income distribution disputes. Finally is assists the basic unit government to do the work. This mainly manifests in expenses and so on collection tax grain, tax money, villages and towns overall plan, examines and approves the homestead, draws up the marriage registration to prove, the national plan birth policy carries out, the propaganda constitution, legal, the laws and regulations and other national policy and to the people's government reflected villagers' opinion, proposal aspects and so on requests and puts forward.On the bases of the analyze of the villagers' committee and together with the analyze of the our current administration litigation, writer puts forward that we must establishment the villagers' committee as the abused of the administration litigation, modify current related law, build up suitable law path for the village people autonomy dispute. Writer expects that this will redound the country of democracy construction.
Keywords/Search Tags:The villagers' committee, Administrative main body, Administrative proceedings defendant
PDF Full Text Request
Related items