《村组法》实施办法中的村委会职能规定比较

各省《村组法》实施办法中的职能规定是村委会开展工作的重要依据。通过比较各地的实施办法及《村组法》中关于村委会职能的法律条文,我们发现:一方面,实施办法对《村组法》中的职能规定主要是大量重复,在实施方式、方法以及步骤上起具体化作用的虽然有,但并不普遍,尚未实现中央立法的"本土化"。另一方面,省际之间实施办法的职能规定差异极少,绝大多数立法不能反映地方色彩。此外,近十多年来,国家涉农政策及农村环境均发生重大变迁,但很多省的实施办法未能与时俱进。

Comparative Study of Functional Provisions of Villagers Committee in the Implementation of Organic Law of Villagers Committee

The functional provisions in the Measures for the Implementation of "Organic Law of the Villagers Committee of the P.R.C" formulated by each province are an important basis for the daily administrative performance of villagers committee.Through comparing measures taken by various provinces as well as the legal provisions of the Organic Law of the Villagers Committee of the P.R.C.concerning functions of villager committee,we can find the following manifestations: On the one hand,the functional provisions of the measures are marred with lots of repetitions.It plays a trivial role in embodying the approaches,methods and steps for the implementation of the Organic Law of the Villagers Committee of the P.R.C.,in other words,it fails to realize the "localization" of the central legislation.On the other hand,merger difference exists in the measures of all provinces,and the overwhelming majority of legislation fails to reflect local features.In addition,recent decade has witnessed great changes in both the national government agricultural policies and the rural environment.However,the functional provisions of the measures of most provinces reflect no significant difference compared with those of the measures of the trial law,which fails to advance with the times.