Legal information

Article introduction: Village rules and regulations refer to a kind of rules and regulations formulated by the villagers in the initial stage of villagers' self-governance to restrict and regulate the behavior of villagers in accordance with the party's policies and national laws and regulations, combined with the actual situation of the village, in order to maintain the social order, social public morality, village customs, and spiritual civilization construction of the village.

1. The results of villagers’ meetings and organization meetings are binding on all members of collective economic organizations.

When the interests of villagers are involved, specific matters are discussed through villagers' meetings or group meetings. If passed by the vote, this decision can be implemented as a formal village rule and civil agreement, which is binding on every member of the collective economic organization in the village.

2. It is not uncommon for village cadres to abuse their power for personal gain.

Due to the autonomy of village rules and regulations, some village cadres are given the opportunity to abuse their power for personal gain. The Yingting demolition team learned that other villagers suffered losses as a result. Especially in the land acquisition and demolition cases in recent years, some village cadres have appeared to use their power for personal gain.

3. The interests of special villagers and group members are harmed.

When holding village meetings and voting, the interests of some special groups will be excluded. This is unfair to villagers who are married to girls, have houses but no households, go to school, or join the army.

4. Practical issues in taking relief measures

If the rights and interests of specific villagers are damaged, villagers can take legal remedies. For example, go to the superior department to complain, report, or litigate. This kind of result often occurs, where superiors do not care about the affairs of subordinates; the court rejects the case on the grounds that it is an internal management matter of a collective economic organization and does not fall within the scope of administrative litigation.

5. Government supervision of “village rules and regulations”

The Organic Law of Villagers' Committees stipulates that villagers' self-government charters, village rules and regulations, and decisions of villagers' meetings or villagers' representative meetings must not conflict with the constitution, laws, regulations, and national policies, and must not infringe on villagers' personal rights, democratic rights, and legal property rights. If the villagers' self-government charter, village rules and regulations, or the decisions of the villagers' meeting or villagers' representative meeting violate the provisions of the preceding paragraph, the people's government of the township, ethnic township, or town shall order corrections.

6. Sue relevant departments for failing to perform their statutory duties

Ying Ting believes that according to the provisions of the "Village Committee Organization Law" and the "Administrative Litigation Law", villagers have the right to request the people's government of a township, ethnic township, or town to exercise administrative supervision rights. Failure of administrative personnel to perform relevant obligations shall constitute failure to perform statutory duties. The People's Court shall accept such claims.

Yingting reminds you:

If you encounter land acquisition and demolition and have objections to the expropriation and compensation decision or compensation and resettlement plan, or if you believe that the local people's government has failed to fulfill its duty to supervise the village committee, please consult a professional land acquisition and demolition lawyer for professional legal advice.