浅论村民资格的法律性质和确认程序

On Legal Nature of the Qualification of Villagers and Confirmation Process

村民资格争议涉及村民自治,所以成为当前我国司法实践的难题。村民资格的条件和标准在学界已经多有探讨,但是对于村民资格的法律性质和确认程序却少有深入探讨。村民资格具备私法和公法双重性质的,应区分对待。对目前存在涉及公法性质的村民资格行为应该由人大授权行政机关对村民资格进行确认并由人民法院进行司法审查。

The conflict of village peoples＇ qualifications are related to the autonomous rights of the village people, so it becomes the difficult problem of our law institution. The academic circles have already made research on the conditions and standards of the village people＇s qualification, but have not done deep analysis on the legal nature of village people＇s qualifications and confirmation process. The writer thinks the village peoples＇ qualification concerning the legal naturn should be confirmed by the administrations authorized by NPC and investigated by the people＇s court .