Autonomy Of The Community. Law Jurisprudence Perspective

Community construction in cities is the social integrity process in the institutional circumstances of government-invalidation, market- failure and the cultivation of market and community. This process is also a kind of newly established autonomous model in the light of experiences of Western government reform. After many years' construction, the community autonomy in Shanghai has formed its own characteristics. Moreover, the community election in 2003, the establishment of social work station and the development of proprietor committee attributed new factors in the specific Shanghai community autonomy. Based on relative jurisprudential theories about state democracy development, the government transformation and the property right, this thesis analyzes the relationship between community associations and government in Shanghai, which the author did interviews and observations before. At the end of this thesis, the author tries to propose a new administrative model to coordinate local government, party organization, community association, proprietor committee, social work station and residents.In the first chapter, the author discusses the basic information about the community autonomy including the conception and basic model of community autonomy and the practices in China. In the Chinese practice, the author analyzes several nationwide examples, such as Shenyang mode, Jianghan mode and Shanghai mode.In the second chapter, the author summarizes the new elements in the development of community autonomy, and dictates six main parties which influence the Shanghai community autonomy to some extent. These six parties include the government, party organization, community association, social work station, proprietor committee and residents.In the third chapter, the author concerns for the jurisprudential basis for city community autonomy. In the light of above discussions, this chapter refers to the relationship between autonomous organization and local government on the level of theories about the reform of modern government and the dichotomy of state and society. What is more, the transformation of Chinese government from highly centralized authority to the service-orientation and the development of property rights and real right also brings about the new development of democratic community autonomy. This chapter will clarify the jurisprudential basis of community autonomy from the perspective of theories of democracy.In the forth chapter, the author analyzes the deficiency of present institution and systems, and re-clarifies the relationships between government, community association, proprietor committee, social work station and residents. At the end, the author tries to propose a new model that can coordinate these parties and promote the further development of community autonomy.Community autonomy is a realistic issue and on the way of developing. Therefore, the experiences of community autonomy may be various based on different places. The author does not want to propose a comprehensive schedule that fits every community in very city, but clarify the basic relationship between government, community association, proprietor committee, social work station and residents and propose a feasible institutional model.