In the vast rural land, the village committee is the "big patriarch" in the hearts of the villagers and the "decision-maker" of village affairs. They are busy in the fields, dealing with large and small affairs, and have contributed a lot to the harmony and stability of the village. In recent years, however, the "overreach" behavior of some village committees has been repeatedly reported, raising questions about the boundaries of power of the grassroots self-governing organization. Today, let's talk about this topic and see what "red lines" the village committee can't step on.
1. The village committee is not the "emperor of the soil", and its power cannot be capricious.
First of all, let's make it clear that although the village committee manages the affairs of the village, it is not a "soil emperor" with unlimited power. Its powers and duties are prescribed by law and cannot be expanded or contracted at will. In practice, some village committees may, for various reasons, exceed the scope of their authority and do things that harm the interests of the villagers. This is illegal and not allowed.
2. These "red lines" must not be touched by the village committees.
So, specifically, what are the "red lines" that the village committee can't touch? Below, let's sort it out one by one.
Land circulation is not child's play, and village committees cannot make their own decisions.
Land circulation is an important activity in rural economic development, but it must follow the provisions of the law. The Rural Land Contract Law of the People's Republic of China clearly stipulates that the decision-making power for land circulation is in the hands of rural households, and village committees cannot make decisions on behalf of rural households. If the village committee transfers the peasants' land without permission, it is illegal and must bear the corresponding legal responsibility.
There are procedures for land requisition, and the village committee cannot "say a word".
Land requisition is a major matter involving the vital interests of farmers and must be carried out in strict accordance with legal procedures. The Land Management Law stipulates that the main body of land acquisition work is the local people at or above the county level, not the village committee. Therefore, the village committee cannot carry out land requisition work without authorization, let alone collude with the expropriator to harm the interests of farmers.
Homestead land and contracted land are the "lifeblood" of peasants, and the village committee cannot take it back at will.
Homesteads and contracted land are important assets of peasants and are also their livelihood guarantees. The Land Management Law and other laws and regulations have strict provisions on the resumption of homestead land and contracted land, which can only be recovered if the statutory circumstances are met. If the village committee arbitrarily takes back the peasants' homesteads and contracted land, it is illegal and must be punished by law.
The compensation agreement is related to the vital interests of the peasants, and the village committee cannot sign it on behalf of the villagers.
In the process of land acquisition and demolition, the signing of the compensation agreement is a very important link. The Land Administration Law clearly stipulates that the compensation agreement must be signed by the owner or user of the expropriated land and the expropriating party. If the village committee signs the compensation agreement on behalf of the villagers, it is invalid and illegal.
There are standards for the identification of illegal construction, and the village committee cannot demolish it at will.
In rural areas, the problem of illegal construction has always been a thorny problem. However, the identification and demolition of illegal buildings must comply with the provisions of the law. The Administrative Compulsion Law, the Land Management Law and other laws and regulations have clear procedures and standards for the identification and demolition of illegal buildings. If the village committee arbitrarily determines that the building is illegal and demolishes it, it is illegal and must bear the corresponding legal responsibility.
Land requisition compensation is the "hard-earned money" of farmers, and the village committee cannot withhold or embezzle it.
Land expropriation compensation is the compensation fee received by farmers due to the expropriation of land, which is their legitimate rights and interests. Laws and regulations such as the Regulations for the Implementation of the Land Management Law have strict regulations on the use and management of land acquisition compensation. If the village committee withholds or misappropriates the compensation money for land requisition, it is illegal and must be severely punished by law.
Foreign-married women are also from the village, and their rights and interests cannot be deprived.
In rural areas, the protection of the rights and interests of women who marry outside the country has always been an issue that is easily overlooked. The Law of the People's Republic of China on the Protection of Women's Rights and Interests clearly stipulates that women enjoy equal rights with men in the contracting and management of rural land, the distribution of profits from collective economic organizations, and the use of land expropriation or expropriation compensation. If the village committee deprives a woman of the right to contract land or the right to compensation for land expropriation on the grounds of village rules and civil agreements, it is illegal and must be corrected.
3. Villagers should learn the law, understand the law, and use the law to protect their rights and interests.
After understanding the boundaries of power of the village committee and the "red line" that cannot be touched, we villagers and friends should also improve their legal awareness and learn to use the law to protect their legitimate rights and interests. When your rights and interests are violated, don't be afraid or back down, stand up bravely and say "no", and defend your rights through legal channels. Only in this way can we make our rural areas more harmonious, stable, just and orderly.
Fourth, the law is the "golden rod" to protect order and justice in rural areas.
Speaking of which, some villagers may ask: What can the village committee do? Let us make it clear that the villagers' committee is an important organization of villagers' self-government, and it plays an irreplaceable role in promoting rural development, maintaining rural stability, and serving the villagers' livelihood. However, all this must be done within the framework of the law.
The law is like a "golden rod" on Sun Wukong's head, always reminding the village committee to abide by its duties and not cross the thunder pool. Only in this way can the villagers' committees truly become the villagers' intimate and guiding people, instead of becoming the "black sheep" that harm the interests of the villagers.
5. Conclusion: Let the light of the law illuminate every corner of the countryside.
Looking back on the past, we can see the remarkable achievements made in rural areas on the road to the construction of the rule of law; Looking to the future, we are full of confidence in the process of rural rule of law. Let us work together to protect our homeland with the power of the law, and make the countryside a fertile ground for the rule of law and a fair paradise.
Here, we would like to stress once again that village committees are not places outside the law, and every decision and action of the village committee must be strictly constrained by law. At the same time, we also call on every villager to strengthen the concept of the rule of law and learn to use the law to protect their legitimate rights and interests.
Finally, let us look forward to a new countryside that is more law-based, fair and harmonious! In this new countryside, everyone's rights can be fully guaranteed, and everyone's dreams can shine here!