村民委员会处罚行为的诉讼困境及其出路——基于实证研究的分析

The Litigation Dilemma and the Solution of the Village Committee’s Punishment:Based on the Conclusion of Empirical Research

经实证研究发现,村民委员会处罚行为案件的可诉性存疑,部分案件被法院驳回起诉。即使案件被顺利受理,通过何种诉讼程序进行审判仍有分歧。由于诉讼法规范的缺失与《村民委员会组织法》第27条和第36条存在的适用难题,现有法律规范在回应上述问题时难掩无力,村民权利救济的障碍无法彻底清除。对于该类纠纷,村民可以《村民委员会组织法》第27条为依据向法院提起诉讼。在法治国家背景下,法院的审理具备必要性与可行性。村民委员会的处罚行为属于"行政事件",该类案件的审判也更符合行政诉讼的特质,在诉讼程序的选择上以行政诉讼为宜。

Through empirical research,it is found that the justiciability of the cases of punishment by the villagers committee is in doubt,and some cases have been dismissed by the court.Even if the case is accepted successfully,there are still differences over what kind of proceedings to pursue.Due to the lack of the code of procedure and the application difficulties of article 27 and article 36 of the Law of the Villagers’Committees,it is difficult to response to the above problems,and the villagers’rights cannot be completely relieved.For such disputes,villagers may file a lawsuit to the court on the basis of Article 27 of the Law of the Villagers committee.In the context of a country ruled by law,it is necessary and feasible for the court to hear.The punishment of villagers committee belongs to"administrative incident",and the trial of this kind of cases is more in line with the characteristics of administrative litigation,so it is advisable to choose administrative litigation in the process of litigation.