The"Interpretation of the Supreme People's Court on the application of the Administrative Procedure Law of the People's Republic of China"issued in 2018 has included the village committee in the scope of administrative litigation defendants.However,the vagueness of judicial interpretation and the legitimacy of judicial interpretation in China's legal system make the village committee as the defendant of administrative litigation controversial,resulting in a narrow scope of accepting cases.Article 111 of the Constitution and Chapter Ⅲ of the Constitution place the village committee as an autonomous organization within the scope of state institutions;they have clarified the village committee as an important part of state governance and established the constitutional basis of village committee as a defendant in administrative litigation.From the No.1 Central Documents since 1982 to the Organic Law of Village Committees,from the revision of the Administrative Procedure Law to the judicial interpretation of the Supreme Court,the institutional norms of village committees as defendants in administrative litigation have become increasingly clear.The fact that there are 64 verdicts or rulings on the village committee as defendant in China Judgments Online,with some of them approved or disapproval,proves that the village committee as a defendant in administrative litigation is an objective existence in the institutional practice.At present,with the modernization of national governance capacity,the"dual identity"of village committee in autonomy and rule of law has become more and more prominent.The village committee as a defendant of administrative litigation is conducive to better coordinating the disputes between villagers and the village committee,which can promote the construction of harmonious countryside under the rule of law in China.
关键词
村民委员会/行政诉讼/被告资格/自治与法治
Key words
village committee/administrative litigation/defendant's qualification/autonomy and rule of law
维普
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