Villagers' Committees Administrative Proceedings The Defendant Eligible Studies

With the reform of economic and political system, village committee has changed a lot in function, status and responsibility, which in turn influences its nature and legal status. The expansion of the village committee's function brings more and more disputes between the village committee and the villagers. It is important to make clear whether village committee can be the defendant in the administrative lawsuit. This thesis is about to discuss the issue above from two aspects:what it actually is and what it should be.What it actually is refers to analyze whether village committee can be the defendant in the administrative lawsuit basing on the existing administrative law and the administrative procedure law. Laws make clear that village committees can be the defendant only when it has the authorization to undertake some activities. Otherwise it is not qualified.What it should be refers to analyze this issue considering the development of the two laws. Village committee can be the defendant under some circumstances, but the range of defendants in the administrative lawsuit is expanding because the role of administrative body is changing from governmental to public. We must pay attention to the nature of the village committee when considering the issue.Village committee's many behaviors is similar to administrative behaviors, which will be worsen if lack of judicial supervision. Therefore, it is quite necessary to endow village committee's qualification of becoming the defendant in administrative lawsuits, which will do great good to the supervision, the autonomy system and villagers' rights.Endowing villagers committee's qualification of becoming the defendant in administrative laws must be based on the conditions of our country and the relative principles. The analysis to the ways can be done from multi-standards, and the present laws can be improved.