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“两委”不能合一,唯一的解决办法是协调好“两委”的关系,显然,在法治社会,这种协调有赖于法律。 事实上,很多专家、学者都留意到,“两委”关系之所以紧张甚至不可协调,主要原因就在于“两委”都没有很好地依“法”办事。然而,依法这个法又是什么法?是《村民委员会组织法》,还是《中国共产党基层工作条例》? 我认为这个法不单要划分清楚责权,而且更主要的是规范好行政法律程序。农村自治过程中亦必然要与乡镇政府、乡镇人大、乡镇党委发生各种各样的关系,这些关系必须通过法律予以确认。而这些法律不
The “two committees” can not be united. The only solution is to coordinate the relations between the “two committees.” Obviously, in a society ruled by law, such coordination depends on the law. In fact, many experts and scholars have noticed that the reason why the relations between the “two committees” are so tense and even uncoordinated is that the “two committees” did not act well under the “law.” However, what is the law according to law? Is it the Law of the Villagers’ Committee Organization or the Regulations of the Communist Party of China on the Grassroots Work? I think this law should not only clarify the rights and responsibilities of the people, but more importantly regulate the administrative procedures. In the process of rural self-government, various relations with the township governments, township people’s congresses and township party committees must also take place. These relations must be confirmed by laws. And these laws are not