村民自治中的委托代理关系:共同代理模型的分析

The Principal-Agent Problem in the Villagers’ Self-Governance:Analysis Based on the Common Agency Model

村民自治制度的实施效果为何偏离了本初目标?从现实情况和村民自治的相关法律制度出发,综合考虑涉及村民自治的三个核心主体之间的关系可以发现:乡镇政府、村民和村干部之间形成了一个特殊的共同代理关系。在农村税费改革前,强势的乡镇政府对于背离村民利益目标的追求,是导致村民自治制度严重偏离其目标的关键原因。取消农业税和新农村建设,提高了乡镇政府与村民利益的一致水平,村民自治的实施有所改善,但依然面临城镇化、商品化等挑战,仍与理想目标有所差距。要实现理想状态的村民自治,就要切实将乡镇政府转变为村民的代理人,打破原有的共同代理关系,促使乡镇政府转变为服务型政府,提高村干部素质和完善村民自治的监督机制。

Why the implementation of the villagers’ self-governance system deviates from the initial target？ With the consideration of both the reality and relevant laws and institutions to villagers’ self-governance, we examined the three key subjects in villagers’ self-governance and found that a special common agency relationship has already been formed between the township government, villagers and the village cadre. Further analysis found that it is the stronger principal in the common agency relation——the township government, whose interest goal usually conflicts with that of villagers makes the system deviate from its initial target before reform of agricultural tax. The consistency of the interest goals between the township government and the villagers is improved and also is the system’s efficiency in some extent due to the abolition of the agriculture tax and the new rural construction. But there are still some challenges lying ahead, such as the urbanization reform and the commercialization.