我国村民自治实践中的若干问题研究

Study on The Practice of Villager Self-Governance In China

我国村民自治实践中存在诸多的问题。其中最为典型的问题有:村党委与村委会的矛盾,贿选问题,村民会议决议与法律的冲突问题,村委会的行政主体资格问题。本文中提出的对策是:改革村支部书记候选人产生方式,由乡镇政府指派公务员负责村党务工作,并充分尊重村民自治,除了法律规定的职务之外,乡镇政府指派的公务员不得干预村政村务;完善现行法,明确规定对贿选行为的具体处理措施;村民会议决议不得违反宪法、法律的原则和精神;根据具体情形适当的承认村委会的行政主体资格,充分保障村民的合法权益。

There are many problems in the practice of villager self-governance in our country.And there are four typical questions:the contradiction between the Party branch committee in village and the village committee;problem of bribery;the conflict between the village meeting decition and the law;and the qualification of the administrative subject of the village committee.The countermeasures proposed in this paper as follows:reforming the candidate mode of village branch secretary;send civil servants of township government to taking charge of village party affairs and fully respect villagers’self-governance,civil servants assigned by township government should not intervene in village affairs,Except for the duties stipulated by law.Perfecting the legislation;taking specific measures for bribery;the decition of the villagers’meeting shall not violate the principles of the Constitution and the law;and acknowledge the administrative subject of the village committee according to the specific circumstances,so as to fully guarantee the legitimate rights and interests of the villagers.