The Legal Status Of Residents Committee

Our Constitution provides that the Residents Committee mass is grass-rootsautonomous organizations. it is responsible for mass self-management, self-service,self-education of the rights and obligations.In practice, however,the focus ofResidentsCommittee task has offset,leading the phenomenon that ResidentsCommitteeadministration. It impacts not only on its legal value, but not conducive to the civilrights. With da xi men residents’ committees of JiangJin District,ChongQing City as anexample,the article which I wrote wants to let us to understand it’s background,current status.The survey found their tasks with a high degree of diversity andcomplexity, showing a significant administrative trend. By careful analysis, the authorthinks, the root cause of the problem is that the legal status of the fuzzy. The ResidentsCommittee legal status determines the rights and obligations of the size and exercisestatus, due to its legal status of fuzziness, led to the rights and obligations of unusualhappened. First of all, ResidentsCommittee ’s legal status has a conflict. At present,many of the laws and regulations, even including many non-standard stultify oneselfand related laws and regulations exist in the Residents Committee, greatly increased thenot normative and randomness in practical work of the Residents Committee. Secondly,the Residents Committee’s legal status dislocation.The Residents Committee as a matterof fact regime ends, natural under government control, became the de facto leader andthe subordinate relationship. The Residents Committee become the administration oforganization under government, the performance of government under theadministration of a variety of tasks, transforming to have management grass-rootsadministrative organization.The legal status of the occurrence of severe dislocation,deviates from their self-management, self-education, self-service legal nature. Finally,the Residents Committee of the legal status has abstract.The law on the rights andobligations of the residents committee provisions are too broad and abstract, the lack ofprocedural legal protection, causing government, the Residents Committee and newsocial autonomous organizations (such as the owners of the Committee) of the legalrelationship of right boundary fuzzy, uncertainty, influenced the normal exercise ofrights. The Residents Committee of the legal status of the ambiguity is rooted in ourcountry’s social history, only through exploring the roots can fundamentally solve theproblem. Our country lacks the same western country universal existence state and society that restricts each other political forces, only the presence of a unified empirerule system that state power to administrative power in the form of society, and thecreation of the BaoJia system. The Residents Committee is the emergence of new Chinaon the original of the BaoJia system transform into its own as a country, is thetransformation of social tools, is a government decentralization, completion of the basicsocial regulation of the product, but also government system in one, as the governmentpower distribution is an organizational form. The Residents Committee legal status ofthe new location must be from the government’s power to reform proceed with, thedevelopment of social forces, fundamentally expand Residents Committee Autonomy inthe legislation concerned and procedural laws, awaken the citizens right consciousness,taking the initiative to pursue the realization of their rights. Residents Committee realescapes from of the legal status of the fuzzy method that is only from the multi ways tosolve, made it become autonomous organization of self protection of the rights ofcitizens.