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在现代法治建设逐渐健全与完善的新形势下,村规民约的制定与实施,与法治之间呈现不可避免的矛盾与冲突。要解决这一问题,应通过树立法律信仰,消除村规民约“至高无上”的认识误区;完善村规民约的制定和修改程序;加强上级政府和人大的监督审查;提高村民的主体权利意识等。本文指出寻求对这种矛盾的合理解决,是建立现代法治国家和法治政府的应有之义。
Under the new situation of gradually improving and perfecting the construction of modern legal system, inevitable contradictions and conflicts exist between the formulation and implementation of the village code and the rule of law. In order to solve this problem, we should eliminate the misunderstanding in the rules and regulations of the village rules and regulations and the Supreme People’s Court by perfecting the legal belief, improve the procedures for the formulation and revision of the village code and the people’s covenant, strengthen the supervision and inspection of the higher levels of government and the NPC, Right awareness. This article points out that seeking a reasonable solution to this contradiction is the proper meaning of establishing a modern state governed by law and a government ruled by law.