With the acceleration of urban and rural economic development, the phenomenon of rural demolition and relocation is becoming more and more common, and many of them have village committees participating in land acquisition and demolition, cooperating with the demolition party to demolish houses, and even embezzling land acquisition compensation, privately withholding villagers' resettlement subsidies, and forcibly demolishing villagers' houses.So, if the village committee does not perform its duties in accordance with the law and infringes on the legitimate rights and interests of the villagers, how can it protect its rights?
1. Can the village committee be the defendant?
According to paragraph 1 of article 26 of the Administrative Litigation Law of the People's Republic of China, the administrative organ that took the administrative act is the defendant; Paragraph 5 stipulates that the administrative act of an organization entrusted by an administrative organ is the defendant.
According to Article 24, Paragraph 2 of the "Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China", where a party is dissatisfied with the conduct of a villagers' committee or a residents' committee entrusted by an administrative organ and initiates a lawsuit, the entrusted administrative organ shall be the defendant.
Therefore, even if the site is carried out by the village committee for compulsory demolition, this kind of behavior should be regarded as the entrustment of the administrative organ, and the first person shall be recognized as the defendant in accordance with the law, and he shall bear legal responsibility for the compulsory demolition of the village committee.
II. Circumstances in which villagers' committees may be the subject of defendants in administrative litigation.
Compulsory acts exercised by the village committee in accordance with the law; Under certain circumstances, villagers' committees or residents' committees are authorized to exercise administrative authority in accordance with laws and regulations; Where disputes arise as a result of changes in the rights and obligations of villagers due to the illegal exercise of administrative duties by villagers' committees, villagers may sue villagers' committees; Conduct of administrative management duties carried out by village committees beyond the authority entrusted by administrative organs.
3. What illegal acts can villagers report to the village committee?
According to Article 49 of the new Land Management Law, the rural collective economic organization that has been expropriated shall publish the income and expenditure of the compensation fee for land expropriation to the members of the collective economic organization for supervision. It is forbidden to encroach upon or misappropriate the compensation fees for land acquisition and other related expenses of the expropriated land units.
According to Article 10 of the Organic Law of Villagers' Committees, villagers' committees and their members shall abide by the Constitution, laws, regulations and national policies, abide by and organize the implementation of villagers' self-government charters and village rules and conventions, implement the decisions and resolutions of villagers' meetings and villagers' representative meetings, act fairly, be honest and honest, serve the villagers enthusiastically, and accept the supervision of villagers. Article 30 stipulates that villagers' committees shall implement a system of making village affairs public. Therefore, the villagers' committee shall ensure the authenticity of the matters announced and accept inquiries from the villagers.
According to the provisions of the "Organic Law of Villagers' Committees", if the villagers' committee fails to promptly announce matters involving the interests of the villagers or the matters announced are not true, the villagers have the right to report to the people of the township, ethnic township, township or county. Where it is verified by the relevant departments that there is indeed an illegal act, the relevant responsible person shall bear responsibility in accordance with law.