On The Participation Of Neighborhood Committees In Public Law In The Governance Of Public Health Emergencies

As a grass-roots mass autonomous organization,the neighborhood committee undertakes autonomous and administrative responsibilities.The participation and governance behavior of the neighborhood committee also has dual attributes,including administrative behavior and autonomous behavior.The implementation of administrative behavior by the neighborhood committee is based on the authorization of laws and regulations or the entrustment of the government,and the autonomous behavior of the neighborhood committee originates from its own status and nature.Covid-19 committees play an important role in the risk prevention and control of public health emergencies.However,unlike the idea of law governing residents’ committees in setting up the responsibilities and functions of neighborhood committees,many problems arise when residents’ committees participate in the management of public health emergencies.It can be further analyzed that the reasons for the problems lie in the conflict between administrative power and autonomy,the abuse of administrative power and the offside of autonomy.Neighborhood committee is an organization with dual attributes of administration and autonomy.Governance is a process in which multiple subjects participate in the management of common affairs.The participation of neighborhood committees in governance can not only play the role of autonomous organizations,but also assist administrative organs in exercising administrative functions,but also play the role of bridges and ties.Therefore,it is necessary for neighborhood committees to participate in the governance of public health emergencies.In view of the residents’ committee’s participation in the governance of public health emergencies,we should improve the residents’ committee’s participation in governance from four aspects: first,we should clarify the role of the residents’ committee in public health emergencies and determine the role of the "helper" of the residents’ committee.The administrative organ should not excessively hand over the administrative affairs that are not within the scope of the responsibilities of the residents’ committee to the residents’ committee,which will hinder the residents’ committee from exercising its autonomous function to a certain extent;Secondly,we should strengthen the exercise of the autonomy of the neighborhood committee and clarify the boundary between the executive power and the exercise of autonomy;Thirdly,it is necessary to stipulate the specific procedures for neighborhood committees to participate in governance behavior.Specifically,the procedures of administrative organs can be referred to when implementing administrative behavior,and the procedures for implementing autonomous behavior should also be stipulated in the organic law of urban residents’ committees or residents’ conventions;Finally,it is necessary to improve the supervision and relief mechanism of the infringement of the neighborhood committee.The infringement of the administrative act of the neighborhood committee can be protected by administrative reconsideration or administrative litigation.At present,the infringement of the autonomous act can only be guaranteed by means of consultation and mediation,which has no coercive force.The relief mechanism should be improved as soon as possible in the relevant laws,so as to avoid the arbitrary abuse of power by the neighborhood committee.