村委会履职过程中的信息公开主体资格探讨

Discussion on the Subject Qualification of Information Disclosure in the Process of Village Committee Performing its Duties

关于村委会履职过程中的信息公开主体资格,实践中的普遍做法是只肯定村委会具备村务信息公开主体资格而否定其政府信息公开主体资格,但也有少数案例对后者予以支持。通过解构《政府信息公开条例》第五十四条规定发现,依据法律法规授权履行行政管理职责的村委会符合要求,由此制作或获取的信息具备政府信息要素,且村委会实际成为行政机关获取政府信息的潜在提供者。村委会担负组织村民自我管理和行政管理的双重职能,职能性质决定行为性质,后者是判定信息属性的关键。在此基础上,有必要承认村委会在特定情况下属于政府信息公开主体,继而为不同性质信息选择恰当的公开方式。

There are some differences between judicial practice and relevant systems and theories on the subject qualification of information disclosure in the performance of the village committee.The common practice in practice is to only affirm that the village committee has the subject qualification of village affairs information disclosure and deny its subject qualification of government information disclosure,but there are also a few cases to support the latter.By deconstructing the"organizations authorized by laws and regulations with the function of managing public affairs"stipulated in Article 54 of the regulations on government information disclosure,it is found that the village committee authorized to perform administrative duties in accordance with laws and regulations meets the requirements,and the information thus produced or obtained has government information elements,And the village committee has actually become a potential provider for administrative organs to obtain government information.The village committee undertakes the dual functions of organizing villagers’self-management and administrative management.The nature of function determines the nature of behavior,and the latter is the key to determine the attribute of information.On this basis,it is necessary to recognize that the village committee belongs to the subject of government information disclosure under specific circumstances,and then choose appropriate disclosure methods for different types of information.