基于6省85份村民小组农民集体征地补偿款分配纠纷之民事判决书的整理发现,在判令承担责任的责任主体、责任形式、事实认定和法律适用等方面,各地法院的判决尚存严重分歧,不仅同案不同判,而且还会混淆村民小组与村民委员会的法律关系、模糊农民集体土地所有权主体。通过梳理农民集体土地所有权与民事责任的法律规定,在扬弃村民委员会承担连带责任或共同责任之司法见解的基础上,可以考虑变革村民委员会设置村民小组的法律规定,彰显村民小组的独立性以及村农民集体与组农民集体的平等性,以改善村民小组农民集体征地补偿款分配纠纷之民事责任的司法审判。
Through 85 civil judgments about dispute over distribution of farmers' collective land expropriation compensation of villagers group in six provinces, it is found that serious differences exist among decisions of various courts in the responsibility body, the responsibility form, the fact recognized and the legal application, etc. , which not only make different sentences for similar cases, but also confuse the legal relations between the villagers group and the villagers' committee, fuzzy peasant collective land ownership body. Based on combing to legal rules of the farmer collective land ownership and the civil liability, reflecting on judicial opinions of jointly and severally liable or common responsibilit legal rule that the villag the villagers group as w y that villagers' committees have been undertaken, it should be consi ers' committee decide to establish the villagers group, clearly reveal dered to change the the independence of ell as the equality between the village farmer collective and the group farmer collective, in order to improve the judicial trial of the civil liability when villagers group collective land expropriation compensation occurs to distribution dispute.