Analysis Of The Legal Status Of The Villagers' Committees In The Administrative Proceedings

With the deepening and improvement of political restructuring, the self-government system of villagers has raised in rural areas and has developed. The implementation of self-government system of villagers ensures the stability of rural areas and has played a certain positive role in promoting the development of basic-level democracy. The village committee, as an important organizational form of self-government system of the villagers, as "grass-root mass self-organization" in the Constitution is. As to court cases of the village committee, the litigation status of the village committee and the application of the law have been controversial,and particularly the litigation status of the village committee has been large controversial, specifically, whether the village committee can be as an administrative plaintiffs, defendants and the third litigant or not. Because the village committee in the administrative law is not clear, leading to disputes and the conflicts between the villagers and the village committee not to be resolved through administrative litigation, resulting in the concentration of rural conflicts, continuous petitioners, not straightened township and village relations, seriously affecting China's rural social stability and constitutionalized process and bringing perplexity and and unresolved conflicts to the judicial practice. This paper reviews, from the emergence and developing process of the village committee, nature, legal status and the analysis of functions, the changes and developments of the dominant position of the abroad administrative proceedings, analyzes the village committee in the administrative proceedings, to resolve the legal position of the village committee on the issue from the administrative status, to bring them within the adjusting scope of administrative litigation, so as to better protect the legitimate rights of the villagers and provide relief channel.Specially, this paper can be divided into the following sections:The first part is the summary of the village committee. Introduce the history, nature, functions and legal status of the village committee, mainly is to accurately define the legal status of village committee, in order to pave the way for later study; The second part theoretically confirms the necessity of the litigation status of the village committee as the dominant position, analyzes the scope of administrative litigation case of defects caused by the unclear legal status of village committee, and then analyzes the unclear hazards of the status of the village committee in the administrative proceedings; the third part expores the executive theory of litigants and analyzes the By analyzing the status of the parties qualified between our country and abroad. By the comparative analysis, the paper finds that Chinese current deficiencies of the legal system, to use reference for foreign experience to make up deficiencies in our country; the fourth discusses some of the parties qualifications of the specific village committee in the administrative proceedings, analyzing the village committee in what circumstances can become a plaintiff, under what circumstances a defendant, makes laws to go by, clearly confirm the unified powers and responsibilities, expand relief channels; finally on theory to put forward the outlook to protect the legal status of village committee.