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Study On The Legal System Of Urban Community Autonomy

Posted on:2017-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:L H YangFull Text:PDF
GTID:2346330488472792Subject:Constitution and Administrative Law
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Nowadays, community autonomy of urban development is a viable alternative, the community as a new form of organization in our society. Based on the lag of law, legal statue is not clear and lack of organizational regulations, resulting in the autonomous community of legal sources lack sufficient support. In terms of community self-government body, the legal status of self-organization of the residents-committee is of the current constitution conferred. With the strengthening of the "Street- home system" management mode, strengthen the autonomy of the residents' committee administrative functions have gradually reflect that the traditional model of governance. The neighborhood committee did not reflect their true state in community governance the nature of self-organization, leading to a residents-committee autonomous organizational nature serious deviation. After the reform and opening up, with changes in the traditional "Street- home system" and the decline of the accelerated process of urbanization and housing system for urban residents started from the "unit" to the "community of people" in transition. At the same time, the rapid expansion of residential housing and the gradual awakening of citizenship rights, making the commercialization of residential property owners on behalf of the interests of the owners' committee and representatives of different social interests of social intermediary organizations have sprung up everywhere. Multiple autonomous community governance organizations and emergent needs, the traditional single in the neighborhood committee for the Community Self-governance body does not meet current construction and development of urban community autonomy.The nature of social studies is the observation of social phenomena, analyze and grasp the objective laws of social development, so as to provide an effective pathway to solve practical problems. The author at the establishment and recognition of the premise of the new form of community-based organizations in our country is an objective reality, combined with the theory of social autonomy, the perspective of constitutional and administrative law to explore the source of power and community self-governing community governance. Through the rise and development of the residents-committee historical retrospective, observation and analysis of the residents' committee administrative difficulties and marginalization crisis. Analyze the type of and the relationship between the communities-autonomous body of the moment, and various typical social role and legal status of autonomous organizations in the community autonomy, a clear legal position and function of each autonomous community body. The author based on the constitutional guarantee of autonomy grassroots perspective of constitutional guarantees and the core spirit of grassroots self-government, think about how the interests of the community autonomous body set demands for the synthesis of a modern community autonomous. Community development organizations to better return spirit of the Constitution and improve the governance structure, and trying to make a relationship between the autonomous community organizations and residents, government coordination of legislative proposals. This article is part of the legislative proposals study, not to propose a detailed plan to adapt the system to all urban communities of Autonomy. It aimed at the analysis of the existing community governance body chaos, trying to clarify the legal perspective original relationship between the various governance body, clarify the legal status of community self-government body, finally expect legislative proposals to construct adapt to modern urban community development system model, a better return spirit of the Constitution.In addition to the introduction and conclusion, the article includes the following four parts:Part I: History of China back grassroots autonomous organizations, summarized the rise of neighborhood committees, the course of development, the status Residents Committee on Administrative and marginalization, and explore the neighborhood committee development crisis. Combined with "Community System" and the factors to explain China's "Street home system" decline and the "Community System" Rise of the reason. From the perspective of history describes the background of community autonomy that later pave the way for the next.Part II: Based on the development of urbanization grass-roots community organizations demand autonomy generation brings to explain the origin and content of Community rights of autonomy, discrimination and community autonomy statutory statutory body exercise. From promoting grassroots self-governance theory and social governance in modern political demands, pointing to the development of urbanization and social progress brought grass-roots demand for autonomy Boom. In addition, the role and legal status of the autonomous communities of the organization's current conduct a detailed analysis of mutual differences between community governance body, trying to find really suitable for community autonomy exercised by the constitutional body in the framework of the Constitution.The third part: The measures in part of the article. The author studies the idea legislative proposals and put forward solutions to the problem, the author advice to set a new interests demand of the autonomous- Community Governance Committee. New autonomous that inherit the responsibilities of self-government organizations and roots organizations. The authors propose the development of "Urban Community Autonomy" to be clearly regulate behavior and status of community governance committee, through the improvement of the community in line with Autonomy related supporting system for urban development and urban community autonomy to provide reliable legal protection. I also want to be able to recommend and ultimately capable of imparting a bottom-up reform through constitutional autonomy of community governance committee to establish the constitutional status of community governance committee, truly autonomous community residents.
Keywords/Search Tags:Residents' Committees, Community Autonomy, Community Autonomy Organizations, Urban community self governance law
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