Research On The Nature Of The Villagers Committees

The villagers committees is the carrier of villagers autonomy organization. Although the system of villagers autonomy has been established for many years, the studies on the issues of villagers autonomy are insufficient. Many questions are not clear, such as how to oversight the behaviors of the villagers committees by state and what is the kind of villagers committees power? Further more, how to govern the rural community is good for the state? There are many theoretical issues need to be discussed. In all the problems, the most important is to define the nature and status of the villagers committees. This is the basis for in-depth discussion of other issues. This article discusses the history of the villagers committees and the logic of governance of the villagers committees by state. It points that the villagers committees should supposed to become an administrative subject, in both theory and practice.This article consists of three parts:The first part mainly introduces two contents. The first one is the history of the village committee. We can observe the development process of the villagers committees by reviewing history. The second one is the discussion of villagers’ autonomy. Based on reviewing history, we concluded that, from the state perspective, villagers’ autonomy is the best means and path for rural governance.In the second part, it discusses the legal nature of the villagers committees. The legal nature of the villagers committees can be divided into two categories, the theory of "administrative subject" and the theory of "non administrative subject". A brief summary of "non administrative subject" as follows:the current law of our country has been considered the village committee identified as mass autonomy organization, so should highlight its social autonomous side, from the independent and autonomous angle that the village should be a self-governing body, and then the village committee should belong to the administrative subject. The theory of "Administrative" said that the nature of village authority belongs to the public power, with particular responsibility for social public interests, so village committee should belong to the administrative subject.The third part points that the villagers committees should supposed to become an administrative subject, in both theory and practice. In traditional administrative theory, administrative subject and administrative organs are equal, the state administration is means the public administration. With the development of administrative theory and with the establishment of market economy system, the State Administration is not equivalent to the public administration. The villagers committees should be the administrative subject from the national administrative decentralization and democratic view. At the aspect of practice, the villagers committees should be an administrative subject. That is because of Chinese economic system reform on rural impact, and the existing laws for township, and the success of autonomy of villagers in the past20years. To define the villagers committees as the administrative subject, will strengthen the national supervision to the villagers autonomous. And it will be beneficial and helpful for resolving the relationship between the village Party branch and the village committee, the Township People’s governments and the village committee, the village cadres and the villager tensions. In order to contribute to the strengthening of national rural grass-roots governance and maintenance of the legitimate rights and interests and building a socialist country ruled by law, we should establish the villagers committees as an administrative subject.