村民委员会法人化之缺陷及其克服

Essential Defect of Legal Personalization Reform of Villagers' Committee and its Overcoming

赋予村民委员会法人资格既要顾及法人理论在逻辑上的自洽性,更不可改变村民委员会作为村民自治组织的性质。它在公法上已经被定位为村集体经济组织的执行机关,获得法人资格后便类似于机关法人。机关法人的运行现实说明其既无独立财产,也不能独立承担责任,赋予其独立人格便全盘动摇了我国法人理论的根基。村民委员会法人化不仅绕不开机关法人的理论障碍,其自治组织的特性还可能导致权力膨胀,损害村集体和村民利益。解决问题的途径就是要摆正村委会与村集体经济组织之间的关系,落实村集体经济组织法人资格,取消村民委员会法人资格的规定。如此,既有利于施行农村社区自治制度,又有利于新农村建设目标的实现,还维护了法人理论的既有共识。

Give the villagers ＇ committee legal entity should not only consider the legal person theory logically self-consistent,more do not change the nature of the villagers ＇committees as the villagers＇ autonomous organizations. It has been positioned as the executive organ of the village collective economic organization in the public law,which is similar to the legal entity after obtaining the legal person＇s qualification. The operation reality of the institutional legal person shows that it has neither independent property nor independent responsibility,which has shaken the foundation of our legal person theory. The legal humanization of villagers＇ committee not only can not only avoid the theoretical hindrance of the institutional legal person, but also the characteristics of its autonomous organization could lead to the expansion of power and harm the village community and the interests of the villagers. The way to solve the problem is to set up the relationship between the village committee and the village collective economic organization,implement the legal status of the village collective economic organization, and cancel the legal status of the villagers committee. Thus,it is conducive to the implementation of the rural community autonomy system and the realization of the new rural construction target,and also maintains the existing consensus of legal person theory.