Research On The Villagers’ Committee Of Capacity Of Party

Rural village self-government is local self-government model during socialistconstruction of China’s development based on learning from Western countries and China’sconditions. After ten years development and promotion, it has been proven to have strongvitality and social significance that can not be ignored. The village committee as an importantvillage self-government ways to achieve, has irreplaceable advantages in the process ofvillage self-government. But in recent years, with the urbanization of the development ofChina and enhancement of the awareness of farmers ’rights, a new type of rural villagers’committees involved in disputes are in large numbers. But the fuzzy regulation in "VillageCommittee Organization Law of China " about physical nature of the village committee arenot clear on the legal level, the legislative gaps makes it difficult to determine the ability ofthe parties of the village committee in the relevant judicial practice, namely, the qualificationsand the subject of proceedings as an independent body. Whether Village can to become asingle and independent subject of the suit, whether has the qualifications in the proceedings,whether can enjoy independent civil rights and take civil responsibility has become the basicpremise of interests of the parties this type of dispute whether can enter the proceedings andobtain the protect of law.This paper is intended to study about the detailed relevant issues.The first part of this paper mainly describes the development process and the relationshipwith the relevant agencies of village organization to paved the way to clarify its legal nature;the second part analyzes the based theory of the ability of the parties of village, from analysisthe relationship between the traditional parties civil rights and ability of the parties of therelationship two parties as perspective, focusing discuss the reality and possibility ofseparation between civil rights and ability of parties of illegal human organizations. Thispaper focuses on the third part, combination of China’s current legislation and the status ofjustice of this issue, the author clearly answer the feasibility and necessity given to the villagecommittee of ability of the parties from two aspects of the theoretical and practical, meantimedescribed the problems should pay attention to due to as the subject of proceedings two statusof the defendant and the plaintiff. The fourth part is about the legislative proposals to improvethe ability of the parties, depthly analyze possible problems and solution methods of the givenability of the parties to the village committee, such as the shortcomings and deficienciesaccountability for committers powers acts of, etc. Conclusion section emphasis theimportance of entitled the ability of parties of village committee, depthly emphasis the meaning and importance of the topics of this article.