A Study On Legal System Of Urban Community Self-governance In China

In recent years, the legal system of rural area autonomy among villagers aroused widespread attention in academic circles, but the research on the legal system of urban community autonomy is comparatively weak. Throughout history, China's grass-roots mass autonomy system is formed in the democratic practice after the founding of New China, and first developed in the city. In the 1990s, after a half century of ups and downs, the urban community autonomy began to spring up. Now, it has made some achievements and accumulated certain experience. However, with the development of urban community autonomy, and the accelerated course of ruling the society under law, the legal system of urban community autonomy is imperfect, and relative regulations are seriously lagging behind, which is not conducive to the development of autonomy in urban communities. The main law basis for urban community autonomy is "Urban Residents Committee Organization Law of the People's Republic of China". The law has been implemented by more than 20 years since adopted on December, 12th, 1989. its contents were lacking of, only 23 provisions, and did not provide enough details, appearing more principles, less practical. Besides, it did not stipulate the limits of power and the relationship between neighborhood committee, government, and community non-governmental organizations and so on.In the past several years, during the session of National People's Congress(NPC), there are many NPC deputies jointedly put forward proposals for amendment to the Neighborhood Committee Constituent Act. Indeed, since the moving of community construction, the role of neighborhood committee has changed dramatically, meanwhile many new situations and new problems have occurred in the work of community autonomy. As the existing law can not fully meet the needs of the development of urban grassroots democracy, it needs modifying urgently. Therefore, it is important to further improve the legislation and related laws of urban community autonomy to promote autonomy in urban communities.Besides the introduction and conclusion, this dissertation consists of four parts.Part one, it introduced the basic theory of autonomy in urban communities from basic concept of urban community autonomy,Part two, it described China's historical practice of self-government in urban communities and claimed the necessary of urban community autonomy. Part three, it analyzed the problems in the legal system of urban community autonomy in China and the causes to them. Firstly, the current situation of urban community self-government legislation is introduced. Secondly, problems in legal system of the urban community autonomy are discussed, including the dislocation of government and community, the conflict between community committees and other community organizations, the immaturation of community civil organizations, and low participation of residents. Finally, the reasons of causing the above mentioned problems are analyzed. It turned out that the problems in the legal system of urban community autonomy are caused by the planned economy and traditional cultural ideology.Part four, it proposed some countermeasure suggestions on China's legal system of urban community autonomy. To improve the legislation of urban community autonomy is important to promote autonomy in urban communities. Firstly, we should straighten out the relationship between the government and the community. Secondly, we must make clear the scope of responsibilities between the community committees and other community organizations. Thirdly, we should cultivate non-governmental organizations. Fourthly, we must guide and nurture the participation from community residents.Conclusion: The author summarized and concluded the main points of this paper.