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从权力来源角度难以充分证明村委会具有行政诉讼被告资格,这是实践中僵化运用《行政诉讼法》第25条第4款和《若干问题的解释》第1条第1款所致。受到美、英司法审查受案标准的演化的启示,从公共职能角度重析村委会被告资格,人民法院以被告不适格为由做出的驳回原告诉讼请求的决定或许是错误的。
From the perspective of the source of power, it is difficult to fully prove that the village committee has the qualification of administrative defendant. This is due to the rigid application of article 25, paragraph 4, of the Administrative Procedure Law and Article 1, paragraph 1, of “Interpretation of Certain Issues”. Inspired by the evolvement of the acceptance standards of judicial review in the United States and Britain, it is probably wrong to redress the qualifications of the defendants of the village committee from the perspective of public functions. The people’s court’s decision to reject the plaintiff’s claim based on the defendant’s disqualification may be wrong.