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村民自治的主体应是村民个人,而非村或村委会,基于此,村才是村民自治的组织,村民与村委会之间才能形成授权的关系;同时,村民自治组织应该被赋予法人的地位,这样才能明确村委会作为法人的执行机关的定位,并使法人代表合理存在,使法人之独立意思表示成为村民利益的保护;再者,村民选举村委会的行为是选举权的行使,而与之相对应的被选举权理应在资格要求上较选举权更为严格,尤其是被选举人的兼职和回避问题必须得到重视。本体问题的明确是构建村民自我治理的权力体系的基础,也是在村民自治过程中和以自治实现村民基本权利保障的前提。
The main body of village self-government should be individual villagers, rather than the village or village committees, based on this, the village is the village self-government organizations, villagers and village committees to form an authorized relationship; the same time, the village self-government organizations should be given legal persons So that the position of the village committee as the executive organ of the legal person can be clarified and the legal representative can exist in a reasonable manner so that the independent meaning of the legal person is expressed as the protection of the interests of the villagers. Moreover, the villagers’ election of the village committee is the exercise of the right to vote , While the corresponding right to vote should be stricter than the right to vote on the eligibility requirements. In particular, part-time and avoidance of the electors must be given priority. The definition of ontology is the basis of building the power system of villagers self-governance and the premise of ensuring the basic rights of villagers in the course of self-governance.