Villagers’ Committee On The Administrative Subject Status Inquiry

In the early of 1980 s, China began implement villager autonomy system, and the villagers’ committee as the core institution of villager autonomy in China has also been implement for over thirty years. Practice has proved that, as a villager autonomy of management and key institution, villagers’ committee has play a huge role on rural development and the building of grassroots democracy. However, in recent years, with the development of public administration, administrative proceedings for the defendant in the village increased year by year, the proportion has increased year by year. It has been constroversial in theory and practice if the villages’ committee can as the main administrative and become a defendant in administrative proceedings. Due to the laws, regulations and other normative documents are not scientific and unified on the provisions dealing with the public administration of village committee, leading to confusion in the understanding of trail practice, failed to form standards and specifications seriously affect the fair and efficient of such cases. This paper analyzes the current executive cases about villagers complained villagers’ committee, combining the functions and the legal status of the villagers’ committee, examining the changes and development of domestic and foreign administrative body theory, combined theory and case, proposed some ideas about administrative proceedings to establish the dominant position of the villagers’ committee, to make it into administrative litigation adjustment range, so as to better protect the legitimate rights and interests of the villagers.This paper is divided into four chapters:The first chapter is the elaboration of an overview of the villagers’ committee and the theory of administration body. First, introduce the development and nature of the villagers’ committee, indicating that the villagers’ committee’s emergency and development is the choice of history and the people. Secondly, induct the functions of the villagers’ committee from the legal and the practical point, explore which management activities the villagers’ committee exercise. Finally, make a brief exposition of the theory of the administrative body, to understand the origin and development of the administrative body.The second chapter is to make several cases of villager complained to the villagers’ committee as a starting point, analyze the causes of the cases of villager complained to the villagers’ committee, to find out the problems and difficulties in such cases. And through reflection on these issues, propose the necessary of establish the main administrative status of the villagers’ committee from legal norms and institutional level.The third chapter is base on the analysis of establish the main administrative status of the villagers’ committee, from the view of the theoretical, legal and practical point. First, from the perspective of the administration body and the development of public administration theory, discusses the establishment of the executive committee of the dominant position is the trend, an inevitable development. Secondly, from our existing laws, seek the clues and legal support to establish the dominant position of the executive committee. Finally, classified research the management functions of the villagers’ committee, and its actions in all kinds of arguments one by one.The fourth chapter presents a number of ideas to establish the administration body of the villagers’ committee. For the problem of the village administrative litigation, combined with the development of the village and the administrative body, proposed some ideas to establish the dominant position of administrative proceedings of the villagers’ committee.In this paper, the method of analysis is to make the case as a starting point to lead the problems, combining the functions of the villagers’ committee, to maximize the combination of the theory and the practice. Point out the feasibility of the main administrative status of the villagers’ committee.