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《村民委员会组织法》第11条第二款规定:“村民委员会每届任期3年,届满应当及时举行换届选举……”可见,村委换届既是依法举行,也是我国民主与法制的具体体现。新当选的村委在接任上届村委民主管理权利时,也应当承担原村委的义务。土地承包政策是最基本的农村政策,然而,近日,河南省内乡县王店镇堰张新村委却因只接受原村委权利而拒绝承担义务,将原村委同意转包的河道林合同撕毁,从而被推上被告席,结果被人民法院判令败诉。此案再次向农村基层组织和世人敲晌了警钟:任何破坏有效承包、转包合同的行为,法律都不会支持。
Article 2 of Article 11 of the Law on the Organization of Villagers ’Committees stipulates: “Every three-year term of a villagers’ committee shall be held in time for the election of the general assembly at the expiration of the term ...” It can be seen that the re-election of the village committees is not only conducted in accordance with the law but also the specifics of our democracy and the legal system reflect. When newly elected village committees take over the power of democratic management of the previous village committees, they should also assume the obligations of the original village committees. However, recently, Zhangxin Village Committee, Wangdian Weir, Neixiang County, Henan Province, refused to take on the obligations because it only accepted the rights of the original village committee, and the original village committee agreed to subcontract the river forest The contract was torn, which was pushed to the dock, the result was the people’s court ordered a defeat. The case again struck a warning alarm to the rural grass-roots organizations and the world that any law that undermines effective contracting and subcontracting will not be supported by law.