Judicial Application Of Village Rules And Regulations

The Village rules and regulations are an important form of governing rural society and a carrier of villager autonomy.The village rules and regulations are formulated by the village committee and voted by the villagers’ assembly.The scope of validity extends to all villagers.In practice,the village rules infringe upon villagers’ rights from time to time.There are litigants who cite village rules as the basis to support their own claims in litigation.However,the courts have different attitudes towards whether they can apply village rules as the basis for judgments.The basis of village rules as judicial judgment is not clear.The filing and review mechanism of village rules and regulations is imperfect.It is controversial whether the judge can review the legality of the village rules and regulations.The above problems have become the main reasons for the difficulty in applying the village rules and regulations.However,although there is no basis for the court to review the constitutionality and legality of the village rules and regulations,the citation in some judicial documents shows that it is necessary to invoke and review.Therefore,the first problem to be solved is to seek the justification for the application and review of the village rules and regulations.Clarifying the scope of judicial cases,building an effective legal review mechanism,giving the court the right to review the village rules and regulations and establishing a perfect supervision mechanism are the specific ways to solve the judicial application of village rules and regulations.In the first part of this paper,through the detailed explanation of the connotation,extension and characteristics of the village rules and regulations,a comprehensive understanding of the village regulations and folk conventions is established.The second part of this paper,taking 99 judgment documents from the "China Judgment Document Network" as the research object,we summarized the current status of the application of my country’s village rules in judicial judgments through statistics of basic information such as court acceptance,legality review and villagers’ winning rate.In the third part of this paper,through sorting out and analyzing the selected judgment documents,it is found that there are problems in the judicial application of the village rules and regulations.The first problem is the inconsistency of judicial acceptance,and the second problem is the inconsistency of judges’ standards for legality review.The fourth part of this paper,analyzing the reasons why it is difficult to apply village rules and regulations in judicial adjudication.The definition of the nature of village rules and regulations is unclear,the filing review mechanism of village rules and regulations is defective,and whether the court can review the village rules and regulations is still controversial.These three problems together lead to the dilemma of the judicial application of village rules and regulations.The fifth part of this paper,based on the analysis of the above judgment documents and the reasons for the problems,putting forward the corresponding improvement measures.Firstly,the nature of village rules and regulations should be defined as custom,which can be applied only through the review of judges;secondly,the court should be given the right to review village rules and regulations;thirdly,the scope of civil litigation and administrative litigation related to village rules and regulations should be clarified and restricted.Fourth,establishing an effective legitimacy review mechanism to clarify the subject,content and standard of the review;fifth,establishing a perfect supervision mechanism,in which the court puts forward judicial suggestions and the township government is responsible for the implementation,and then the township government that fails to fulfill its obligations shall be held accountable.