Research On The Soft Law Governance Of Public Affairs In Urban Community

The governance of public affairs in urban communities is the basic project of modern urban governance.In the process of deepening the reform in an all-round way in China,how to use the thinking of rule of law and the mode of rule of law to promote government governance and social adjustment in the governance of public affairs of urban communities,The positive interaction between residents' autonomy and the modernization of public affairs governance system and governance ability of urban community is an important dimension to test the government's governance ability.Soft law has many advantages in public governance,such as diversity,extensiveness,consultation,flexibility and so on.It can effectively resolve community contradictions,innovate community governance methods,promote community governance efficiency,and enhance the democratic nature of community governance.In line with the inherent requirements of community governance.Therefore,against the background of "strengthening the construction of community governance system and pushing the center of social governance down to the grass-roots level",the paper probes into the structure,function and effectiveness of the soft law,so as to " give full play to the positive role of social norms,such as civic conventions,township conventions,trade regulations,and association statutes,in social governance ",is of great practical significance in innovating the governance model of public affairs in urban communities and in dispelling all kinds of difficult problems in the process of urban community governance.This paper insists on the problem-oriented empirical research,carries on the current situation elucidates-the problem analysis-the future perfect analysis path unfolds the full text: first,through the analysis to the soft law operating mechanism in the city community,To clarify the expression form,governance function and implementation mode of community soft law;Secondly,taking a community in Hangzhou as an example,this paper analyzes the current situation and difficulties faced by the soft law governance of public affairs in the urban community,and at the same time looks at the excellent practice of the soft law governance of the urban community outside the region,on the one hand,summarizes the beneficial experiences that can be used for reference by our country.On the other hand,it also provides evidence for the feasibility of using soft law to govern urban communities;Finally,based on the management practice of urban community public affairs with Chinese characteristics,and drawing lessons from the experience of urban community governance in foreign countries,some suggestions are put forward to improve the existing problems of urban community governance in China.In addition to the introduction,this paper is divided into four parts:The first part: an overview of soft-law governance of public affairs in urban communities.This paper mainly introduces the meaning of urban community,soft law and soft law governance,and clarifies the scope of urban community,that is "the area of residents' committee whose scale has been adjusted after the reform of community system".Soft law is defined as "a rule of conduct that is not legally binding in principle but has practical effect".At the same time,the norms of soft law in urban communities are divided into two kinds of manifestations: national soft law and folk soft law,and their implementation mode and governance function in the community are discussed.The second part: the practice and dilemma of soft law management of public affairs in urban communities in China.The author visited the X community in Hangzhou on the spot,combed the existing soft law norms and its running status in the community,and summarized the problems and dilemmas existing in the soft law management of the public affairs in the urban communities of our country on the basis of this.That is to say,the irrational formulation of the main body,the lack of cooperative structure of the governance subject,the low awareness of the community subject soft law,and the non-mandatory implementation of the community soft law provide the problem-oriented for the writing of the later part of the countermeasures.The third part: the experience of soft-law governance of urban community public affairs.He mountain stone,can attack jade,the United States,Britain,Japan and other countries in the management of urban community public affairs accumulated rich experience,worthy of our reference.Community governance in the United States shows a high degree of organization,democratization and pluralism.In the process of development,it gradually forms the governance model of government guidance,the third sector leading the implementation,and the residents highly participating in the governance model.Britain is one of the earliest countries in the world to start the process of urbanization.After decades of development,it has basically formed the pattern of "multi-party interaction and cooperation".In Japan,the main body of community governance is machimi,focusing on the equal consultation of all parties in decision-making.From the perspective of soft law,it is easy to find that the three countries have formed a good community culture,cultivated the civic spirit of actively participating in the governance of community public affairs and diversified community governance subjects,and it is not difficult to find that the three countries' experience in the governance of urban community public affairs in the United States,Britain and Japan has formed a good community culture.And with the perfect community system as the support,realized the transformation of the community governance.The fourth part: the construction of the soft law management system of urban community public affairs in our country.It is necessary to realize the transformation of governance concept based on good law and good governance.In the aspect of participating subject of community governance,from "single authority" to "multiple co-governance";In terms of mode selection of community governance,from "regulated" mode to "service type" mode,and from "selective type" to "functional type" in the type selection of community governance norm.On the system construction of the community soft law governance,we should perfect the standard system of the community soft law governance,construct the main body coordination mechanism,strengthen the soft law education in the community,perfect the guarantee mechanism of the implementation of the community soft law,and so on.To build a community governance system with both software and hardware.