论“村集体”的主体性

On the Subjectivity of“Village Collective”

村集体是不同于村集体经济组织的独立主体。村民委员会被规定为法人,不能成为否定村集体主体性的理由。村集体经历了从被混同于村集体经济组织,到逐步彰显自身主体性的历史演变过程,村集体的本体是村。强调村集体作为不同于村集体经济组织的独立主体,可以更好地实现二者的功能区分和风险隔离,也更有利于实现村庄治理。

Village collectives are independent subjects different from village collective economic organizations.The villagers'committee is defined as a legal person,which cannot be the reason for denying the collective subjectivity of the village.The village collective has experienced the historical evolution process from being confused with the village collective economic organization to gradually showing its own subjectivity.The noumenon of the village collective is village.Emphasizing the village collective as an independent entity distinct from the village collective economic organization can better achieve the functional differentiation and risk isolation of the two and is also more conducive to achieving village governance.