论对村民自治中二元权力关系的法律调适

Adjusts and Adapts to the Villagers Autonomous Center Dual Authority Relations by Law

村民自治作为基层民主的范式被以国家力量强行推广和实践以来,中国农村形成了以村民自治权和村党支部领导权为核心的二元政治权力格局。面对其现实的困境,通过将其纳入法律调整的范畴,对二元权力运行的各环节加以规制,以程序的法定化来理顺二元权力运行中的关系,制定完备的法制监督机制来控制二元权力关系的失范,法律至上地位的认同是二元权力关系走向和谐的思想前提。

Villager autonomy as a paradigm of grassroots democracy to be forced by national strength and practice, Chinese rural village has formed a core of the dual political power structure between village autonomy and leadership of the party branches. Faced with the reality of their plight, through its legal adjustments in the context of the binary power, the link of relation will be regulated system to the statutory procedures to streamline the operation of dual power, the development of a comprehensive legal system monitoring mechanisms to control the loss of the dual power relations, the primacy of law is the recognition status of the dual power relations toward harmony ideological premise.