Study On The Juridical Status Of Residential Committee

In February 2016, ?Several Opinions on Further Strengthening the Construction of Urban Planning Management Work?which published by the central committee of the communist party of China under the state council promulgated that “We will improve the mechanism of urban governance and the ability of community service to implement the benign interactionbetween the government governance and the residents of autonomy.”Under the background of promoting the innovation of social governance structure and implementing of the rule of law, residents committee as a core component of the urban governance system in China, should be the grassroots autonomous organizations to achieve self management, self education, and self service, should be an effective carrier to realize urban grassroots autonomy.Reviews the development history of the residents committee, the organization system was established with the establishment of the socialist regime. In the past 60 years, the residents committee as a member of the organizations at the grass-roots level in our country, plays a big role in solving the urban residents living difficulties.In this process, however, in order to maintain stable social development, the residents committee unconsciously acted as the resident agencies of the government management of urban grassroots, so the residents committee became the "leg" of the government and lost the characteristics of "autonomy" it should have. This paper focuses on the legal status of the residents committee and proves into urban grassroots autonomy, to determine its positioning as the extension of the power of the government or the way of residents realizing self-management at the grass-roots level.By visiting the residents committees,we would understand the dislocation state of concrete reality between the residents' committees practical function and legal function and find out the difficulties it faced. Combined with the current social background and the development of the residents committee, the author would analyze the reasons of producing these difficulties,and put forward the solution and measures to clarify its position. It is not only beneficial to the realize its legal value, but also is beneficial to protect the rights of the citizens.This paper is divided into four parts:The first part, with a review of the residents committee autonomy and legalization process, we found that the whole process of the birth and development of the residents committee autonomy is always accompanied by the power of the administrative subject infiltration. The second part,by carrying on the on-the-spot investigation the author selected the three communities in Zhu ma dian,to understand the current work of the residents committee;and combined with the examples of the community and the present situation of the current social development to summarize the realistic problems and difficulties which the residents committee of the autonomous facing,combing problems mainly from the government, residents of autonomous resources,and grassroots autonomous organizations.The third part,the author analyze from the theory origin of the subject status of the residents committee autonomy, combining history and reality in the above investigation.The author found that the biggest problem which is affecting its autonomy ought to be the contradiction between the reality and reality,the current relevant provisions of the legal status of the residents committee which is too vague,and host law seriously lagging behind, resulting in a large number of non-standard Lower-level Law and even contradictory.In daily work of the residents committee dominated by the government, the relationship between them has become a fact of leadership and being led relationship.The fourth part,the author carding on the relationship between the grassroots government and residents' committee, put forward advice to perfect the legal status of the residents committee from the angle of constitution and administrative law, prompting the residents committee to return to the autonomous organization stipulated in the constitution,and the urban grass-roots self-government to the practical and effective implementation.