China’s Urban Community Autonomy In Constitutional Thinking

The community is the social management of the cell, the benign development of the community andconstruction to resolve the future of social conflicts, the maintenance of social stability, of greatsignificance to promote the construction of democratic politics. The last century before the1980s thecommunity is the administrative acts of the government’s plan out of the penetration of administrativecommunities of color, lack of true "community" should have the basic elements (identity), and the only"community" name, and no real kernel. Since the80s of last century to the beginning of the formation ofcommunities, although preliminary has some elements of the community (such as in the emerging realestate development community), but as of now really mature "civil community" did not exist, only said stillin cultivation, the growth being. Overall, the Chinese community type: the traditional neighborhoodcommunity, a single unit community, mixed-style community, urban and rural successional communities,and the five emerging real estate development community, the vast majority have acts of governmentadministration to intervene in community autonomy, namely the characteristics of the administrativecommunity ".Reflection of China’s "administrative communities, we found that the" executive community "in Chinahas been mainly the following aspects: First, the grassroots urban communities autonomy legislation lagsbehind. With the deepening of urbanization, changes in market economy, the relevant laws and regulationsof the existing urban communities autonomy unreasonable and lag more and limit the autonomy of thedevelopment of urban communities, restricting China’s administrative community "ideal" citizencommunity." the progress of the transformation. Second, the relationship between the executivegovernment and grass-roots community dislocation. A long time, the neighborhood offices of some localresidents’ committees, as autonomous organizations as their agency of some does not belong to theadministrative affairs of the autonomous organization of duties apportioned to the residents’ committeehead, residents’ committees assume more administrative matters to attend to autonomous transaction, thefunction of community autonomy is greatly diminished. Third, the contradictions between the grass-rootscommunity residents’ committees and other organizations in the community. Community residents’ committees and property management service management of content there is a certain cross, overlap,which means that both the terms of reference is vague, not clear. On the other hand, community committees,and the owners’ committee contradictions Property Management Regulations "can not handle therelationship with the residents of the Organic Law" one-sided emphasis on the independence of the industry,the Commission of neighborhood leadership The position exists in name only. Fourth, the grassrootscommunity members to participate in the power shortage and disorder. From the current situation, membersof urban communities in China is not involved in the awareness of, but not to establish a system ofinstitutionalized participation mechanisms, community participation is not high degree of organization,failed to put in place various incentives, which affected the grass-roots community The power ofparticipation of members of the same time, to some extent, so that community members participate innon-standard phenomena highlight. Fifth, NGO development is slow. With the perfection of the marketeconomy and the rapid advance of the community building in recent years, China’s NGO has been greatlydeveloped. NGO’s role in community self-government to play a degree of Western developed countries,there are still some gaps. Overall, because of the unique ecological environment in China, the developmentof the NGO, mainly by the constraints of system resources.Mature "civic community" should be fully mobilize the active participation of all members of thecommunity Community, has a mature civil society organizations, community organizations (includingautonomous organizations) to meet the needs of grass-roots community members positive interactionbetween communities. To this end, for the problems of "executive community", we propose to furthercultivate in the existing system within the framework of the "civic community" from the following aspects:first, improve the relevant laws of the grass-roots community autonomy, where mainly refers to the perfectexisting urban residents of the Organic Law. Legal name change, the increase in new residents of theOrganic Law,"the government should not interfere with the work" within the autonomy of the members ofthe community in accordance with the law, strengthen the legal autonomy, independence of the residents’committees. Second, to rationalize the relationship between the executive government and grass-rootscommunities. That is to limit government intervention in community autonomy, should be the best way isto change the actual affiliation of the community neighborhood offices, community and street decouplingrevocation of the neighborhood offices. Although the revocation of street itself "under the change does not change","assign" many difficulties, but the revocation of the street still is the trend. Third, to resolve thecontradiction between the community residents’ committees and other community organizations. On onehand, to further clarify the legal nature of community residents ’committees and other organizations; theother hand, especially relevant interests Fortunately, the community residents’ committees and otherorganizations, to coordinate and promote their coordinated development, better meet the diverse needs ofthe community members. Fourth, improve the mechanism of participation, and strengthen residents’ senseof autonomy. On the one hand, the choice of values and interests is the driving force of communitymembers to participate. On the other hand, the effectiveness of the participation of community members arealso closely related with the corresponding system of system. Hangzhou City in the Community Building,bold and innovative experience in the institutional and system worthy of promotion in the country. Fifth,the cultivation and development of the NGO. The comprehensive development of the NGO can not onlymake the government’s role from the "versatile" into "service" can also be an effective solution to themomentum of community involvement, participation of community members to provide more space andfield. To this end we draw on the useful foreign experience, training and development of China’s NGO fromthe implementation of the registration system, increase support, financial support and other aspects.