摘要
本文认为 ,村民自治既不是村民个人自治 ,也不是村民委员会自治 ,而是作为自治主体的全体村民的自治。在条件成熟的时候 ,可以将自治制度作为宪法的独立章节予以明确规定。在全体村民组成的自治共同体内部 ,村民会议是村民自治体的最高权力机关 ,村民委员会只是村民自治体的执行机关 ,不能将其称为“自治组织”。村民自治体应当拥有自治权 ,具有法人资格。根据法人形态法定原则 。
Village self management is self management neither by the individual villagers nor by the villagers' committee, but is rather self management by the entire body of villagers who are the subjects of self management. The system of self management should be detailed in a separate section of the Constitution when conditions are ripe. The lines in the present Constitution and the “Organic Law of Villagers' Committee” that “...the villagers' committees are mass organizations of self management at the grass roots level” warrant closer scrutiny. Within a self management community composed of the entire village the supreme organ of power is the village meeting. The village committee acts only as an executive body, and therefore we cannot ignore the self management community and call its executive body “a mass organization of self management.” The right to self management should reside in the community of villagers, which has a corporate capacity. The self management community of the village falls within the category of a self management legal entity according to legal classifications.
出处
《中国社会科学》
CSSCI
北大核心
2001年第3期129-140,共12页
Social Sciences in China
