1. Introduction to the case
Wu XX is a villager of XX Village, Wenling City, and since 2016, his local land has been expropriated, and after the relevant local departments have agreed to land expropriation, 8.4 acres of land will be returned to XX Village for self-development and utilization. Later, due to the merger of villages, the above 8.4 acres of village reserved land will be publicly sold in 2021 without the knowledge of the villagers.
For this reason, Wu XX applied to the village committee for the disclosure of village affairs, but did not receive any reply from the village committee. Wu XX then applied to the town government for supervision, requesting the disclosure of relevant village affairs information. The town government issued a "Notice of Ordering the Disclosure of Village Affairs", ordering the village committee to disclose the relevant information within 10 working days from the date of receipt of the notice, but the village committee did not disclose the relevant village affairs information. Wu XX then applied to the town government to order the village committee to make village affairs public, but never received a reply.
2. The Court's decision
The key issue in this case was whether the Township Government's Notice of Disclosure of Village Affairs was correct.
Article 31 of the "Organic Law of the People's Republic of China on Villagers' Committees" stipulates: If a villagers' committee fails to promptly announce the matters that should be made public or the matters announced are not true, the villagers have the right to report to the people's government of the township, ethnic township, or town, or to the people's government at the county level and their relevant competent departments, and the relevant people's government or competent department shall be responsible for investigation and verification, and order the publication in accordance with the law; According to the above provisions, the town government has the statutory duty to supervise the disclosure of third-party village affairs in accordance with the law.
After receiving Wu XX's application to urge the disclosure of village affairs, the town government generally believed that "the village committee had failed to disclose the above-mentioned village affairs information in a timely manner", and the "Notice of Ordering the Disclosure of Village Affairs" made by Wu XX did not fully investigate and verify the multiple disclosure requests mentioned by Wu XX, did not clearly judge the matters that should be disclosed, and lacked binding force and enforcement in the performance of supervision duties.
In the end, the "Notice of Ordering the Disclosure of Village Affairs" issued by the town government was revoked in accordance with the law, and it was ordered to take a new specific administrative act within the specified time limit.
3. Dekai analysis
As villagers, we have the right to request the village committee to disclose the information on village affairs that has not been made public.
In view of the situation where the village committee is not disclosed, the law stipulates that the town government has the right to supervise and require it to be disclosed, and the town government's supervision of the village committee should be in place and specific and sufficient. If you also encounter the situation in this case in the process of applying for the disclosure of village affairs, don't forget to consult a professional lawyer in time to answer your questions.