Legal Consideration Of Chinese Urban Community Autonomy

As China's deepening political and economic reform,urban management system also needs to further improve.China's urban communities autonomy is in the 1990S, which has been made great progress. Its rise and development of Chinese suit the current social development. However, our urban communities, self-government at a initial stage, there are many problems inevitably. These problems have affected the function of community self-play, community building, and the urban grass-roots democracy-building.This article by trying to chinese communities in urban situation of the law of the analysis and explore our city of issues related to the community of the law, and constructive criticism, the four parts :First part introduces the basic theory of self-government in urban communities. Mainly elaborated in the community, urban communities, community self-concept; The main elements of self-government in urban communities, including personnel autonomy, self-service, property, autonomy, self-organization and management; Analysis of the relationship between the rule of law and autonomy. Firstly, this article introduces the rule of law, self-concept and features, then explains the relationship, the autonomy is the basis of the rule of law, rule of law is self-protection.The second part introduces the self-government in urban communities outside the legal system and its implications for china, and mainly introduces the typical model of community self-government in three countries, the United States, Japan, and Singapore. Firstly, this part introduces the basic situation of the three Kingdoms. American urban communities is a typical model of community self-government, and the Government is not directed against the establishment of grass-roots community organization or an agency relies heavily on community self-organization and management community. Japan is a hybrid model of community self-government, government intervention on the community is not deep, the government guidance and allocation of funding for communities and so on, the grass-roots government to provide some services for the community, government and community self-government in some respects, the formation of cross-cutting. In Singapore, the urban communities of the model is the government's legal guidance with a combination of community self-government-led, which has close ties between the Government and the community, and the Government established an agency management of community affairs. Then, the analysis of the three communities and the common characteristics of self-government put forward China should learn from the advanced experience of foreign community self-government must be based on chinese national conditions and circumstances, and proposed should be learning in four areas: Firstly, according to Chinese political and economic system, the status quo, community self-government should be a mutual coordination between the Government and the community to conduct community-based management must have a clear relationship between the Government and the community, clearly the community neighborhood committee responsibility. Secondly Self-government in the community to use the law to regulate the process of community participation, provision of community residents in a participatory manner, content, procedures, and the establishment of participatory mechanisms. Thirdly, Our Community Neighborhood Committee and other community organizations to each line of their duties, cooperate together to promote community self-government. Lastly, in the statute also provides for the cultivation of community intermediary organizations as well as the rights and obligations of intermediary organizations and assume legal responsibility.The third part is the legal status of self-government in urban communities in China and existing problems. Firstly, on Chinese legal situation regarding the community made a presentation to the community involved in our list of laws and other normative documents, then analyzed the laws of our community self-government problems: in law practice, community committees, dependent on the Government, both unclear; community committees, and other community organizations contradictory; existing laws lack effective mechanisms for the participation of community residents; community development intermediary organization can not adapt to the reality needs.The fourth part introduces the law of China's urban communities and the improvement of self-government. Firstly, the clear guidance of the government and the community to assist in the relationship between the specific requirements of the government in a market economy system, which is necessary to change the government functions; Government should delegate authority to the community, including community-based autonomous decision-making, property management, community supervision, community denial of the legitimate rights and so on; but also a clear community's neighborhood committee's duty to the community committees, the scope of the responsibilities to make provision administrative affairs of the community can assist the Government to do. Secondly, community neighborhood committees with other community organizations, harmonious development. Content of the law to determine the scope of responsibilities within the community organizations, they want a coordinated development of community-building work together to do a good job. Thirdly, Improving the participation of the residents mechanisms: In order to improve residents to participate in the initiative should improve residents to participate in the mechanism, to improve the community residents to participate in the input mechanism, organizational mechanisms and safeguard mechanisms;Against our pervasive sense of participation of community residents the problem of weak, we should pay attention to the participation of community residents cultivate awareness through strong advocacy on legal and policy communities, so that the residents aware of community-building relates to the common interests of the residents, the residents should be broad participation, and to take some measures to improve the population's active participation, as long as there is genuine participation of the residents. We can promote community self-realization. Finally, intermediary organizations to promote community development: Government to foster and nurture community intermediary organizations to promote their development; the development of community intermediary organizations, law; equipped with professional community intermediary organizations, practitioners, raising awareness of service employees and service levels; a clear government and community intermediary organizations.