Study On The Legal Relief Of The Villagers’ Committee’s Inaction

Villagers’ committee is an important organization for villagers to exercise their right of autonomy to realize grass-roots democracy,and also an important fulcrum for the modernization of the national governance capacity and governance system.However,in the implementation of management activities,its inaction is very common,greatly damaged the rights and interests of villagers,is not conducive to the benign operation of grass-roots autonomy,should be paid attention to in theory and system.The so-called inaction of the villagers’ committee refers to the behavior of the villagers’ committee in the course of engaging in management activities,failing to perform its management duties and its obligations in a negative,evasive and restrained manner.Villagers’ committees play three roles in rural life,such as grass-roots self-government organizations,organizations authorized by laws and regulations and organizations entrusted by administrative organs,according to which their inaction can be divided into three categories: acts of inaction in villagers’ autonomy,acts of inaction in administrative organs entrusted affairs,and acts of inaction in the affairs authorized by laws and regulations.At present,there are still many shortcomings in the relief of the villagers’ committee’s inaction,which should be perfected one by one.However,the unknown status of the administrative subject of the villagers’ committee is an important reason to hinder its effective relief,so it is important to analyze and analyze the problems in its relief one by one after first clarifying its status in administrative law.From many typical cases,we can find that there are many problems in the relief way of the villagers’ committee’s three kinds of inaction.The first is the relief of inaction in villagers’ autonomy,the scope of legal benefit protection is limited,there is no substantive relief result,the responsibility of the villagers committee has not been set up,the other is that the relief mechanism of inaction in the entrusted affairs of the administrative organs is weak,not only the relief procedure is unclear,but also the relief effect is very limited;The standard of judicial review is confusing and the content of the performance of the judgement is not uniform.In view of the above-mentioned problems,a triple relief system should be constructed.In the existing relief channels,targeted,sequential selection of relief methods can more accurately protect the rights and interests of villagers.At the same time,for the various relief methods of the existing problems to be specially perfected,can maximize the protection of the rights and interests of villagers.First of all,the supervision of thevillage party branch is added to the autonomous relief procedure of inaction,and the accountability mechanism of the villagers’ committee is implemented,so that the autonomy relief is effective in essence.Secondly,administrative relief is more authoritative than autonomous relief and more rapid than judicial relief,is the key link in relief,and the relief procedure and relief scope of administrative relief should be clarified.Finally,improve the administrative litigation relief.First,the villagers’ committee inaction in the villagers’ autonomy is included in judicial relief;the second is to specify the starting point of the prosecution period for the villagers’ inaction,to the starting point of two months from the date of the villagers’ application,to create a realistic,urgent and urgent danger to the rights of the villagers as an "emergency";In addition to proving the responsibility of the general administrative organs inaction,the villagers’ committee should also bear the positive burden of proof of inaction,and the fourth is to unify the degree of judicial review of inaction,not to decide whether to belong to the scope of villagers’ autonomy in the form of holding a villagers’ meeting,and to make a judgment on the rights and interests of villagers in order to cut off the form of judgment,it is recommended that the villagers’ meeting decided to initiate a review;Allow the court to make a judgment on the content of the specific performance of the party’s claim and actual situation,including the specific performance of duties and the time limit for performance.