Study On The Guarantee Responsibility Of Villagers’ Committee

Article 101 of the General Provisions of the Civil Law stipulates that as the basic-level People’s self-governing organisitions,the villagers’ committees have the special legal pensonnalities which is clearly defined for the first time.This article stipulates that villagers’ committees,as civil subjects,should also bear corresponding civil liabilities when performing their duties.The premise of their civil liability is to carry out relevant civil activities that “need to fulfill their functions”.In theory,the rural collective economic organisations should perform the economic duties on behalf of the village collectives.However,since there is no any rural collective economic organisations established in many villages,the villagers’ committees need to perform the economic duties.Therefore,it is common that the villagers’ committees act as guarantors in the civil activities.The classification of Special Legal Persons has terminated the discussion on whether the villagers’ committees have legal personalities because of the situation.But there are still many controversies to solve because it is different between this type of legal persons and the traditional legal persons,such as whether the villagers’ committees should assume guarantee responsibilitise in judicial practice.On the basis of summarizing the differences of cases,this paper intends to start from the court’s referee basis.This paper will discuss the following issues such as whether the villagers’ committees can act as guarantors,which the procedures and effectiveness of the villagers’ committees if they become guarantors,whether the third party should pay due diligence and the responsibility and where the property of the villagers’ committees.The question is answered to discuss whether the villagers’ committees should assume and how to assume the guarantee responsibilities at the ending of this paper.In addition to the introduction and conclusion,this paper is divided into five parts:The first part: Based on the basis of the court’s judgments,the differences in the judicial judgments are summarized.Based on this,the actual problems that may exist in the villagers’ committees’ guarantee responsibilities are summarized,and the answers are given in turn.The second part:Solve the question of whether the villagers’ committees can act as guarantors.By interpreting the relevant provisions of the General Provisions of the Civil Law,The Guarantee Law and Organic Law of the Villagers Committees and analyzing the legal status of the villagers’ committee,it can be seen that the law does not prohibit the villagers’ committee from acting as a guarantor,and thus that it can act as a guarantor.The third part: Based on the relevant provisions of Article 24 of Organic Law of the Villagers Committees,and referring to the referee’s thinking when the legal representative of the company is over-authorized,the villagers’ committee is analyzed to ensure the validity of the contract without the villagers’ assembly.This question starts with the refereeing ideas of today’s judicial practice,analyzes the principle and rationality of each referee’s thinking,and concludes a reasonable refereeing idea.The fourth part: Analysis of creditor’s review of duty of careness.In accordance with Article 16 of Company Law and Article 50 of the Contract Law,the villagers’ committee’s ultra-authority guarantee is analyzed with reference to the system of the company’s ultra-authority guarantee,and the third-party review of the duty of careness is used to distinguish the bona fide third party from the malicious one.The three people judge whether the effectiveness of the guarantee behavior can be attributed to the village collective,thereby using the collective property to assume the guarantee responsibility.The fifth part:Analyze the problems of the villagers’ committee’s guarantee responsibilities.In accordance with the relevant provisions of The Guarantee Law,Judicial Interpretation of The Guarantee Law,the responsibility of the villagers’ committee shall be discussed in accordance with the different situations in which the guarantee contract is valid and invalid,and the scope of the property of the villagers’ committee shall be clarified.