Research On Administrative Litigation Based On Village Affairs Publicity

According to the provisions of the village committee organization law,village affairs are important ways to guarantee normal operation of the villager autonomy system,and the necessary way to maintain the villagers' right to know and to supervise in China.In judicial practice,villagers can not directly to the village committee for the defendant to sue.And the village committee of the Constitution Article 31 of the provisions,When the village committee is not timely published or not really announced should be announced matters,villagers can be to the township government or county-level government and the relevant departments to reflect,The relevant government and the management department shall conduct investigation and verification.Therefore,the current villagers asked the court to resolve the village affairs open dispute is apply for township government or county-level government and the competent authorities to investigate and deal with,When the relevant government or the competent department fails to perform the duties of investigating and handling disputes over the village affairs according to law,The villagers may be the administrative organ for the defendant administrative proceedings,this is based on village affairs open administrative litigation.This kind of mode of village public litigation for villagers' right to know provides relief when violations,However the current village public litigation has many problems.The problem is mainly manifested in,First,the relevant laws on the village affairs is imperfect,The court has no inconsistency with the same issue and the ruling of the dispute,Second,the legal norms of conflict resolution mechanism is absent,The court shall not be liable for any violation of the norms of the superior law;Third,the court does not recognize the villagers qualified,Making the village affairs open proceedings cumbersome,Increase the burden of the villagers litigation.Finally,on the basis of analyzing the existing problems of village affairs litigation,the author puts forward some suggestions,With a view to when the village affairs after the public dispute.And provide reference for the judicial protection of villagers' right to know and supervise.