论村民行政诉权

法律对村委会的行政诉讼被告主体地位规定不明确,仅把村委会的部分行为纳入民事诉讼的范围,易形成诉讼上的盲区。村民自治权对村民来说是一种内部的公共权力,村委会可以被看做是村民自治组织的执行机构,故村委会行使村民自治权的行为也具有公共权力的性质。笔者认为,只有将村委会行使村民自治权的行为纳入行政诉讼的受案范围,才能更好地保护村民的行政诉权,同时还应当加强对农村法律知识的宣传和对村民行政诉权保护方面的研究。

A Discussion of the Administrative Appeal Right of Villagers

In the law of our country, the stipulation is not clear about the accused dominant position in administrative for the villagers committee. In this stipulation, only parts of the committee＇s action are included in the scope of civil suit, which is easy to form a dead zone. Village autonomy, to villagers, is regarded as an internal public power and the village committee could be seen as a self-executing organization, so the exercise of the autonomy of the village committee also has the nature of public power. The author thinks that only the rights of the villagers＇ autonomy carried by the village committee is included in the scope of administrative peal can the villagers＇ rights be protected. At the same time, it should strengthen the publication of legal knowledge in rural areas and make a research in protecting the villagers＇administrative appeal right.