中美地方基层政府与农村社区自治组织法律关系比较分析——以我国村民委员会为例

Comparative Analysis of Legal Relations of Local Government and Rural Community Autonomous Organization Between China and America

地方基层政府是国家治理的权力末端,农村社区自治组织是社区自治的主体,明确两者的法律关系是国家治理法治化的重要一环。村委会是我国村民自治的常设执行机构,是村民自治最为重要的机构,因此研究以我国村委会为例,通过对中美两国地方基层政府与农村社区自治组织法律关系的阐释,来比较两国法律关系存在的共同点,并且从法律地位、管理力度、处理纠纷方式三个方面深入比较两者存在的差异。

Local grass roots government is the end of the power of state governance, rural community autonomous organization is the main body of community autonomy, and it is a critical link to identify the legal relationship between the two parties in the process of governing the country by law. The village committee is the permanent executive body of villager autonomy in our country, and it is the most important institution of villager autonomy. Therefore, taking the village committee in China as an example, based on the legal re-lationship between local government and rural community autonomous organization in China and USA, the paper compares the two coun-tries5 legal relat ions, and summarizes the characteristics in common as well as those in different from three aspects： the legal s ta tu s, management efforts, and handling disputes ways.