Study On The Administrative Subject Status Of The Village Committee

The villagers ’committee has over thirty years in China and the nature of thevillagers’ committee is defined as a grass-roots mass self-government organizationsin our Constitution.The villagers’ committee as a mode of management of ruralvillagers for autonomy in the form has actively promoted the development ofgrass-roots democracy and ensured the stability of the rural areas.There is conduciveto the building of a new socialist countryside.But there is a dispute in relation to thestatus of the administrative subject of the villagers’ committee and uncertain,whichmakes the most of the villagers’ committee was excluded from the adjustmentoutside the scope of the administrative law.This leads the villagers and the villagers’committee contradictions and disputes can not be resolved by way of administrativeproceeding,which seriously affects the process of rural social stability and the rule oflaw in China.In this article, it discusses the emergence and development of thevillagers’ committee and the villagers’ committee should have administrativeprincipal position from the village committee traditional legal status, functions andvillagers’ autonomy process to proceed.The author confirms the dominant position ofits chief theoretical value and practical significance with theoretical and practicalanalysis.And the author puts forward the idea of establishing the status of thevillagers’ committee administrative subject.This paper is divided into five parts:The first part is an overview of the villagers ’committee.Firstly on the conceptof the village committee from the broad and narrow definition of the generation ofthe villagers’ committee is not an accident in the history of its development, thehistorical development and the people’s choice. Then describes the functions of thevillage committee and villagers’ autonomy. The villagers’ committee includes twomain functions, one important one is autonomous functions. The theory of autonomyfrom the villagers begins to explore and explain the relationship between thefunctions of the villagers ’committee and villagers’ autonomy, and the two have a close relationship.The author describes the nature and legal status of the villagecommittee. The village committee is a grass-roots mass self-governmentorganizations, but in China’s relevant laws does not clear the administrative subjectof the villagers’ committee of legal status.The second section deals with the need to establish the status of the villagers’committee administrative subject. Firstly it discusses the problems of the villagers’autonomy and reason and The village committees violations of villagers’self-government, and the abuse of power and violations of the legitimate rights andinterests of the villagers. Secondly it discusses the legal status of villagers’committees in the traditional legal and defects in the traditional legal provisions justvillagers’ committee organization authorized by the laws and regulations so that thevillagers’ committee in the exercise of public management activity is infringing thelegitimate rights and interests of the villagers, because there is no law, theregulations authorized villagers’ committees are neither as a civil subject, and not asan administrative subject to form awkward defined. Finally it discourses theory romwhich we can see the defects of China’s administrative subject theory.China’sadministrative subject theory has been unable to meet the development of ourcountry, so to establish the position of the administrative subject of the villagers’committee is the trend of the domestic and international administrative subjectExpounding the significance of the status of the villagers ’committee administrativesubject is established last great significance and it is necessary to establish theposition of the administrative subject of the villagers’ committee.The third part discusses the basis for establishing the status of the villagers’committee administrative subject form main theoretical basis, legal basis andpractical basis.It is very necessary to establish village committees in theadministrative law administrative subject position, diversifying from thedevelopment of public administration and administrative subject in accordance withthe provisions of our Constitution and relevant laws.The needs of villagers autonomyrights violations exists in practice to analyze.The fourth part of the idea is to establish the status of the villagers’ committeeadministrative subject. Theoretically, to improve China’s administrative subject theory and to establish the position of the administrative subject of the villagers’committee. Legislation to improve the relevant laws and regulations, including theConstitution, the Organic Law of Villagers’ Committees, the AdministrativeProcedure Law. It is strict enforcement to effectively improve the quality of villagecadres.In the Supervision it must improve and perfect the mechanism ofsupervision. Relief to improve the state system of compensation, the villagers’committee is illegal to cause damage of the villagers’ rights and interests areincluded in the State Compensation exercise of administrative powers.The fifth part is the conclusion. The villagers’ committees in the emergence ofour country is a product of history and the people’s choice. Village committee as anadministrative subject authorized by the laws and regulations in the case is consistentwith the law, and the villagers ’committee exercised more public administrationactivities in this part of the analysis of the necessity and the basis for establishing theadministrative subject of the villagers’ committee and established the idea of thestatus of the villagers ’committee administrative subject, in order to achieve the finalposition of the administrative subject of the villagers’ committee established in thelaw.