The Analysis On The Perfect Path Of The Legal System Of Urban Community Autonomy

urban community autonomy system is different from political autonomy,it is an important system to balance state power and complement state functions.In recent years,with the prosperity of the market economy,the transformation of the administrative management system and the disintegration of the "unit system",large multifunctional communities are emerging,new ideas and new demands for community autonomy are constantly emerging,the legal norms of community autonomy formulated under the background of planned economy and "unit system",especially the Constitution and the Organic Law of the Resident Committee,have seriously lagged behind the development of practice and lack operability,moreover,most of the laws governing community autonomy are related laws and less higher effective legal systems,and there is a lack of specialized laws and more higher effective legislation.The ununity and imperfection of the legal system has led to the "administrative tendency" of residents' committees in practice,contradictions with other community organizations,inadequate democratic participation and lack of oversight of the rule of law have seriously hampered the process of municipal community autonomy.Therefore,from the perspective of constitutional government,this paper aims to re-examine and analyze the defects of the current legal system,at the same time,combined with the visit and investigation to the A community in Jinan,this paper analyzes the problems in the practice of community autonomy and the reasons for the rule of law,and finally puts forward the path proposal for improving the legal system of urban community autonomy.The first chapter is the basic theory of urban community autonomy.Take the clarification of the concept of "community","urban community","autonomy" and "urban community autonomy" as the starting point to lay the theoretical foundation for the discussion below.Despite the great achievements of theoretical research on urban community autonomy in recent years,but there are few clear interpretations of relevant concepts,therefore,it is necessary to define the concept,so the corresponding argument is more persuasive.The second chapter is an analysis of the status quo of the legislation of the China's urbancommunity autonomy.This chapter examines China's relevant legal norms of urban community autonomy from vertical,it is divided into two parts:national and local,having analysed in particular the deficiencies in the Constitution's Organic Law on the Residents'Committees and the views of the Ministry of Civil Affairs on developing the Construction of Urban Communities,at the same time,it concludes that the legal status of the urban community autonomy in China is not clear,legislation is lagging behind,and the structure is vague.The inadequacy of standardization,specialization and systematization of urban community autonomy legislation needs to be improved.The third chapter is an analysis on the problems of urban community autonomy in Jinan,Shandong Province.This chapter looks at A community,through in-depth visits and investigations,and in combination with the relevant legal provisions of Shandong Province and Jinan urban where A Community is located,the author focuses on the legislative reasons of community neighborhood committee has been administrated,conflict between neighborhood committee and other organizations,lack of democratic participation and democratic supervision in community practice,it is deduced that there is insufficient legislation for urban community autonomy,finally,guiding the perfection of legislation with practical experience.The fourth chapter is an lessons from the experience of the extraterritorial legislation.We choose three styles-Government oriented style in Singapore,community autonomy in the United States and application of mixed type in Japan,describe how these countries position and manage communities,who manages them,and how the relevant subjects'responsibilities and relationships are related to each other,and then learn from their mature experience of the rule of law,that is,more specific laws,legislation covering a wide range of aspects,and management involving detailed aspects.It is used by our country to guide the perfection of our country's legal system.The fifth chapter is an analysis on the legislative path of improving the urban community autonomy.Combination of theory and practice,the author puts forward some ideas for the improvement of urban community autonomy:In terms of structure and content to amend the Organic Law of Residents 'Committees and improving the relevant supporting legal system;amending the Constitution,enacting the Law of Community Autonomy;perfecting the legislation at the local level,pay attention to the coordination and unification of law,finally establish a legal system of autonomy for urban communities.