伴随着村民自治的开展,必然形成权利主体的多元并存和纵横的分权制衡。权力运行规律决定应当是有效监督、权责对等、边界清晰、衔接严密,但是,自我国村民自治制度推行以来,法律上一直存在着各种权力交叉、主体错位问题。一是党支部权力错位及其和村委会的权力重叠和交叉;二是村民会议或村民代表会议的某些权力被村委会所取代;三是村民会议和村民代表会议的部分民主监督权被乡镇以上党政府部门所取代。以上这些纠结,无疑都阻碍了村民自治过程中民主权利的行使。 With the development of villager autonomy, pluralistic coexistence of rights subjects and vertical and horizontal separation of powers and checks and balances must be formed. However, since the implementation of the system of self-government of villagers in our country, there have been many problems in the law, such as the overlapping of powers and the dislocation of the main body. One is the dislocation of power of the Party branch and its overlap with and overlapping with the power of the village committee; the other is that some of the power of the villager’s assembly or the villager’s representative assembly is replaced by the village committee; and the third part is that the villagers’ assembly and the villagers’ representatives’ Township and above the party and government departments replaced. These tangles above undoubtedly hinder the exercise of democratic rights in the process of villager autonomy.