Whether the villagers' committee has the qualification as the subject of civil litigation.

The first view: the villagers' group does not have the qualification of litigation subject, and the village Committee should be the defendant. The reason is that the villagers' group has no sound organization and personnel, no funds to calculate accounts, no fixed place and no official seal, so it does not have the capacity for civil rights and behavior. The above situation of the villagers' group does not meet the requirements of Article 37 of the General Principles of the Civil Law of People's Republic of China (PRC), the Legal Person Law of People's Republic of China (PRC) and other organizations stipulated in the Civil Procedure Law of People's Republic of China (PRC), so the villagers' group does not have the capacity of litigation rights and litigation behavior. Article 2 of the Organic Law of Villagers' Committees of the People's Republic of China stipulates that villagers' committees handle public affairs and public welfare undertakings in their villages, so villagers' groups have no right to sign contracts on public affairs and public welfare undertakings. Because the villagers' group has no capacity for civil rights and conduct, litigation rights and conduct, and the right to sign contracts for public affairs and public welfare undertakings, it cannot be the subject of litigation in this case, and the appropriate defendant should be the village Committee.

The second view: the villagers' group does not have the qualification of litigation subject, and all the villagers in the villagers' group should be regarded as co-defendants when suing. The reason is that "the Land and Resources Bureau replied to a similar question in Shandong in June 1992: villagers' groups do not have the organizational conditions of collective economy and do not own land ownership. Land ownership is managed by the village Committee. Thus, the villagers' group can not be called the subject of litigation. In this way, the income of all members of the villagers' group is the same, so this kind of reciprocity should be regarded as individual partnership. According to Article 47 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), all the partners of an individual partnership are co-litigants in the * * * lawsuit, so the eligible defendants in this case should be villagers of all villagers' groups.

The third view: the villagers' group has the qualification of litigation subject and can become a qualified defendant in this case. The reason is that article 10 of the Organic Law of Villagers' Committees confirms the legitimacy of its existence. Article 2 1 of the revised draft regulations on the work of rural people's communes stipulates that "the land inside the production team belongs to the team". The State Council approved the Opinions of the Ministry of Agriculture on Stabilizing and Perfecting Land Contract. Article 2 clearly stipulates that when land adjustment is carried out, it is strictly forbidden to change the ownership relationship, and all the land that already belongs to the group (production team) cannot be owned by the village. Article 10 of the Land Law stipulates that "land owned by farmers belongs to the management of village collective economic organizations or villagers' committees, and has been owned by two or more rural collective economic organizations respectively, it shall be managed by the rural collective organizations or villagers' groups in the village. "According to this, it can be considered that the villagers' group is a village collective economic organization, which owns the ownership and use right of the land and can bear certain civil consequences with this property, so it has the conditions that the litigants need to meet. It should be classified as the third kind of litigant stipulated in the Civil Procedure Law, that is, other organizations.

analyse

The author supports the third opinion: first, it is necessary to give villagers' groups the qualification of litigation subject. "Villagers' group" evolved from the "production team" in the past. At present, the law does not clearly stipulate whether "villagers' groups" belong to "rural collective economic organizations". Aside from this case, the villagers' group is the object of infringement in more cases. When the land requisition involves the land of the villagers' group, the problem arises. First, the compensation contract is countersigned by the village Committee, and the villagers' group does not have this right. Then the compensation received will be incorporated into the overall planning of the village Committee before deciding how to distribute it. However, once there is a problem, the village Committee can pass the problem on to the villagers' group on the grounds that the funds have been allocated. The specific amount and how to allocate it are mostly decided by the village Committee. Therefore, the legal rights of villagers' groups and their members cannot be guaranteed. In the trial practice, when all the property of villagers' groups is infringed by others, it often happens that villagers' groups file lawsuits in their own names. In order to protect the legitimate rights and interests of the villagers' group, it is also reasonable to give the villagers' group the qualification as the subject of legal proceedings.

Secondly, from the legal point of view, as early as 2005, the Supreme People's Court clearly gave the villagers' group the qualification of litigation subject in the reply of Hebei Higher People's Court on how to exercise the villagers' group litigation rights. The answer is as follows: The third villagers' group in Toudaocheng Village, Xiaochang Township, zunhua city can act as a civil litigant. Litigation involving the third villagers' group shall be initiated by the group leader as the main person in charge. When the group leader exercises litigation rights in the name of the village group leader, he shall refer to Article 17 of the Organic Law of the Villagers' Committee of the People's Republic of China and perform democratic consultation procedures. People's Republic of China (PRC) the Supreme People's Court (2006) Minli Dazzi No.23 and Article 48 of People's Republic of China (PRC) Civil Procedure Law stipulate that "citizens, legal persons and other organizations can be parties to civil litigation. A legal person shall file a lawsuit by its legal representative, and other organizations shall file a lawsuit by their principal responsible persons. " In combination with the above-mentioned legal provisions, the Supreme People's Court identified the villagers' groups as the parties in civil litigation, apparently classifying the villagers' groups as "other organizations" as stipulated in Article 48 of the Civil Procedure Law.

Finally, from the economic point of view, the villagers' group owns its own land, can be economically independent, and can also undertake its own obligations, so it has the qualification of litigation subject. In protecting villagers' interests, villagers' groups need subject qualification to protect their rights. From a legal perspective, the Supreme People's Court's judicial interpretation also recognized his subjective qualification. To sum up, in the trial of civil cases, villagers' groups have the ability and qualification to become qualified subjects.