The Improvement On The Legislation Of Community Autonomy

Community autonomy is an another significant democratic practice in our history following to the villagers'autonomy. The imperfection of the current legal system is increasingly becoming a major obstacle to promote community autonomy and the Organic Law of the Urban Residents Committees of the PRC, as the basic law to adjust relationships among community autonomy, is gradually lag behind the development of community autonomy, how to carry out autonomous functions of Residents Committees is a major challenge to achieve community autonomy. Combining with the current practice of community autonomy, the paper analyzes two forms of community autonomy which are the traditional Residents Committees and the emerging Owners Committees and then points out that there is an obvious administrative trend in Residents Committees, while the Owners Committees, based on maintaining owners'interests and having a basis of broad participation, are lack of autonomy legal protection, they have both contradictory and mutually unified contact with each other and the two really needs to be combined to realize community autonomy. On the basis, the paper seeks to make a preliminary thought of community autonomy system, the legal status of community autonomy organizations, the exercise of community autonomous rights, the legal effect of autonomy charter, the vector of autonomy and so on from a legal perspective. It will consist of four sections as follows.Section I: Subsequently analyze the traditional autonomy form Residents Committees, and its external appearances as weakening autonomy functions and evident trend of administration, and then explain why so from a legal perspective. The weakening of Residents Committees autonomy functions is mainly showed in the administrative functions trend, political organization settings and official manning, and from the legal view, the main reason to lead to it is there are still many problems in the legal basis and legal environment that community autonomy depends on, such as the imperfect legal basis for autonomy, the incomplete legal norm for definition of dominant position, the absence of legal environment to inspire public participation and the deficient in formal common regulation for motivating residents'self-governance.Section II: This part mainly analyze the legal characteristics and functions of the new autonomy form Owners Committees, and focuses of the legal imbalances in current autonomy situation. The organization forms, power sources and management functions of Owners Committees which develop with the social and economic development have autonomous characteristics, and it can be seen from its legal function that its autonomy has a strong tension. But the Owners Committees, as an autonomous manner, have not yet attracted the attention all, and the autonomy of it is confronted with legal imbalance problem that mainly manifested in the following aspects: its legal characterization of the dominant position is unclear and its constitutional rules of autonomy and the autonomy rules of owners are imperfect.Section III: The paper analysis at length the current conflict which is due to institutional factors between the two autonomous forms by using methods of theoretical analysis and case illustration in this section. In fact, the Residents Committees and the Owners Committees have a high degree of consistency in law predictable, and are inextricably linked to each other in no matter the nature of organization, functions performance, the nature of rights, and subject of rights and so on. Based on this view, it is necessary to combine the two forms to promote community autonomy and it is called community autonomy committees. Sectionâ…£: In this part, certain recommendations which aim at helping to perfect community autonomy organization system, clear the legal status of autonomy organization, standardize the democratic rights owned by autonomous subjects, ensure the legal effect of community autonomy charter, encourage the nurture and development of social organization through laws and regulations, etc, are made to improve legal norms of community autonomy by generally considering the advantages and disadvantages of Residents Committees autonomy and Owners Committees plus with the current legal confusion in them and learning from the foreign and domestic successful experiences in the practice of community autonomy. The long-term plan is to fashion a comprehensive Community Autonomy to adjust the legal relationship in community autonomy, and only in this way can we regular the legal basis and legal environment autonomy relies on and promote the development of community autonomy system and thus raise the level of community autonomy according to the law.