浅析“乡政村治”模式下的自治组织

Self-administrative Organization under the Model of in Self-administrating Villages

自治组织在整个村民自治体系中处于中心地位,它是村民间接参与行使村民自治权利的组织形式,也是村民会议决议的执行机构;同时又是村民自治与国家管理的连结点,代表村民向人民政府反映意见、要求和建议,协助政府办理行政事务。但是,法律规定的粗放,制度安排的不足却往往使自治组织脱离了其应有的定位,在实践中陷入了各种困境之中。自治组织作为村民和政府的中介,应当有明确的法律地位,合理划分代表村民利益和协助政府之间的权限,从而真正发挥自治组织的作用。

Self-administrative organization is the center of self-administrating system. It is not only the organization for villagers to officiate their self-riding fights indirectly but also it is the acting institution to carry out the decision made by acting villagers. Villagers committee can link the self-administrative organization to the country＇s administration, not also can it report villagers＇ opinion, requirements and suggestion to the government, but also it can help the government to handle all kinds of local matters. But, the law can＇t include everything and the system is not so perfect presently, which make the self-administrative organization can＇t perform its functions successfully. Self-administrative organization is the deputy of villagers and government, in order to make full use of its functions, it should be legally positioned and its rights to represent villagers and its responsibilities to help the government should be separated.