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Analysis On The Qualifications Of Defendants In Administrative Litigation Of Villagers' Committee

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ZhangFull Text:PDF
GTID:2416330623459159Subject:Law
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The accused of the administrative litigation of the villagers' committee has been written in the "Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China" in 2018.However,the current judicial interpretation only uses the“obligation to perform administrative duties according to the authorization of laws,regulations and rules” as the criterion for judging the qualifications of the defendants of the village committee,and which acts are “authorized by law,regulations and rules”.Behaviors and behaviors are “executing administrative responsibilities”.There are many different understandings and practices in both academic and judicial practice.It is urgent to further explore and analyze this.In order to accurately define the accused qualifications of the villagers' committees in administrative litigation,it is necessary to first clarify the status of the villagers' committees in China's constitution and laws and their related powers.According to the current laws and regulations of China,villagers' committees belong to grassroots mass autonomous organizations.Their powers mainly include managing public affairs and public welfare undertakings in the region,maintaining public order,assisting grassrootspeople's governments in carrying out their work,and operating and managing village collective property.In clarifying the powers of the villagers' committees,particular attention should be paid to their relationship with villagers' autonomy,village meetings,village supervision committees,and grassroots people's governments.Based on the statistics of the villagers' committees contained in the Chinese Judgment Document Network as the defendants of the administrative litigation,this paper makes an empirical analysis and analysis of the accused qualifications of the villagers' committees in the current judicial practice.According to statistics,in the current judicial practice,the cases in which the villagers' committees are used as administrative litigation defendants are mainly divided into two categories: cases involving the approval of homesteads and some cases of open village affairs.For other disputes,most of them have not yet been included in the scope of judicial review.Because the relationship between the village committee and the villagers belongs to the relationship between the autonomous organization and its members,it is essentially the category of the so-called "special power relations" existing in the German administrative law theory.To this end,this paper attempts to draw on the theory of special power relations to make a systematic and holistic analysis of the disputes between villagers' committees and villagers involved in China's current judicial practice,in order to further clarify the specific scope of villagers' committees as defendants inadministrative litigation.Based on this theory,the accused qualifications of the villagers' committees in administrative litigation should mainly exist in the following areas: behaviors involving the qualification of villagers,behaviors involving the distribution rights of villagers' homesteads,and behaviors involving the villagers' important right to know.For other acts involving the rights of the villagers,the accused qualifications of the villagers' committees should be treated according to whether the acts involved are autonomous and the nature of the rights involved.
Keywords/Search Tags:village committee, Administrative Litigation, Defendant qualification, Special power relationship
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