村民自治内在机制重新法律定位探讨

村民自治的现时法律从《宪法》和《村民委员会组织法》两个层面对村民自治的内在机制进行了明确规定。但是这些规定存在缺陷,尤其是把"四个民主"权利等量齐观。对村民自治内在机制重新进行法律定位是必要的,可以考虑从宪法和基本法律(或者非基本法律)两个层面进行更新:界定村民自治的区域范围和对象范围———具有土地等自然资源集体所有权为限的区域和居住区域作为区域范围,"村民自我管理、自我教育、自我服务"作为对象范围;确立村民自治的基本原则———自治、直接民主、法治原则;以民主决策、民主管理制度为中心进行村民自治立法。

Research on the Reorientation of the Villager Self-governance Internal System in Law

The internal system of villager self-governance was definite from two aspects by The Constitution and The Organic Law on the Village Committee. But these regulations have many faults, especial viewing "The Four Democratic Rights" equivalently. It is necessary to reorient the villager self-governance internal system in law. The Constitution and basic laws could be updated in two aspects: confining the region and target scope of villager self-governance-regions that exit the collective ownership of natural resources such as land and that can be inhabited could be viewed as region scope, "villager self-administration, villager self-education, villager self-service" could be viewed as the target scope; founding the villager self-governance basic principles--self-governance, direct democracy, ruling of law; legislating for self-governance should be as center on the democratic decision and democratic management system.