Some Initial Inspections On The Community Legislation

Community legislation, now on its initial days, is a brand new and creative subject, having a great field to research. This essay provides initial inspections on the orientation, major content and the way of progress of the community legislation by researching the problems and current conditions of Shanghai's community legislation.In 1887,the German sociologist Feeding·Tennis initiated the community analyzing system in his book 《Community and society》.And then it was introduced into the USA, possessing territorial characteristics. As time went by, in different times, different theorists have offered diverse definition about community. There's no such definition like "community" in traditional Chinese. In 1933, Fexiaotong translated "community" into Chinese "社区",since then community has been the common term in Chinese sociology. In China, in term of history, all the sovereign classes attached great importance on the power and the construction of the basic organization of their sovereignty so as to enforce the status. In time of the Kuomintang sovereignty, the Bao-Jia system in the basic country sovereignty was introduced into cities. Since the foundation of the PRC, borrowing the experience of the SU, we set up neighborhood affairs agencies and neighborhood committees. They have now become the major organizations in our urban community. During the period of Cultural Revolution, the mass autonomous system was terribly destroyed, thrown into a total crisis. After reforming and opening up to the outside world, Chinese government republished the《the rules of city sub district office 'organization》and《the rules of city neighborhood committee's organization》,which took effect in 1954. Thus, the mass autonomous system in urban areas was restored and developed. In 1990s, the whole country was searching for ways to strengthen the grass-roots-class work. In Jul 1998, the Civil Affair Ministry set up the Bureau of the basic sovereignty and community construction. Community construction began to be one of the major responsibilities of the administration. It is in the course of promoting the construction of community that the definition "community" has entered in Chinese society. After several years' exploration and research, the academic field has reached an agreement on the major content of the definition of "community". The author confines the core definition, the Chinese urban community, into a basic urban grass-roots social community, residents being the major body, consisting of enterprises, neighborhood committees, political organizations and mass organizations. The area scope, which is governed by the neighborhood committee, is named as micro-community according to the author.The community legislation is developed with the constitutionalization of our country. So far, "community legislation" is far from an agreed definition, and has no recognized mode. Different areas and different units have their own view and practice on this problem. In the opinion of the author, community legislation is referred to that the residents in the community should manage the community affairs, protect their own right, supervise the practice of the government according to law and realize self-education, self-serving, self-management, self-confinement, in terms of their own needs and the demands of studying constitution, law, and local rules, under the leadership of the Party. The community legislation consists of popularizing and studying law, community law service, law relief, the settlement of the community conflicts, ruling different service undertakings according to law, specific governing according to law, community democracy, safeguarding the rights of community residents and"community person", the construction of the community order and environment, coming up to 9 fields relating community affairs and legislation by law. According to the generalized experience and our country conditions of the development of modern society, community is 100 percent the best room for demo...