村委会选举的法律渊源

Legal Origins for the Election of Village Committees

村委会选举的法律渊源,即村委会选举法律规范借以存在和表现的形式,包括宪法、法律、法规、规章、其他规范性文件和法的有权解释。基本的法律渊源与基本法律并不是一回事情,村委会组织法从严格的宪法意义上来讲,在国家的法律体系中并不是一部基本法律。对村委会选举作出规定的“中办”、“国办”“两办通知”虽不在立法法规定的法规、规章之列,但不应将其排除于村委会选举的法律渊源之外。目前,有必要制定一部全国统一的村委会选举法。

The legal origins for the election of village committees where the election laws exist include the Constitution, laws, regulations, rules, other normal papers and authorized interpretations for laws. The basic legal origin is different from basic laws. The organic law of village committees, in a strict sense, isn' t a basic law. Although notices from the 'offices of the Party Central Committee, of the State Council or the both offices' , which make regulations for the election, don' t belong to the regulations and rules made by legislation, they can' t be excluded from the legal origins. At present, it is necessary to make a uniform elective law of village committees throughout the country.