Research On The Status Of Urban Communities In China

In 2000,the circular of the Ministry of Civil Affairs on promoting the construction of urban communities throughout the country(hereinafter referred to as the Ministry of Civil Affairs)pointed out that "vigorously promoting the construction of urban communities is to adhere to the Party’s mass line under the new situation." To do a good job in mass work and strengthen the construction of grass-roots political power is an important approach to the modernization of Chinese cities in the new century.In the same year,the opinion was transmitted by the General Office of the Central Committee and the State Council.The opinion of the Ministry of Civil Affairs formally stipulates the urban community,that is,"the scope of the urban community generally refers to the area of the neighborhood committee which has been adjusted in size after the reform of the community system".At the call of the Central Committee In 2000,all localities in the country made relevant laws suitable for their own areas,guiding the development and construction of urban communities.In view of the current laws and regulations in China,the legal status of urban communities has not been defined accurately,but the legal nouns derived from the communities are increasing day by day.Under the condition that the legal status of the urban community is not clear,the legal nouns derived from community correction are not clearly defined,and the operation is not strong in practice.In order to maintain the stability of social development,the urban community unconsciously acts as an agency for the government to manage the grass-roots level of the city,and has become the "leg" of the government,but there is no law stipulating it as a first-class government.Government organs Based on the theory of administrative flatness,the theory of community self-organization and the theory of participatory democracy,this paper tries to take urban grass-roots autonomy as the starting point.Exploring the legal status of urban communities in China is an extension of government power or a way to realize self-government of grass-roots residents.In order to find out the problemscaused by the unclear legal status of urban communities,this paper studies the concrete reality of the dislocation of the actual and legal functions of urban communities in China.Combined with the development process of urban communities in China and the experience of representative countries outside China,this paper puts forward the methods and measures to solve the problems,and clarifies the legal status of urban communities in China.It’s not just good for its law.The realization of the value,but also conducive to the protection of the rights of citizens.This paper is divided into six parts: introduction,mainly discusses the background and significance of the topic,the research on the legal status of urban communities at home and abroad,as well as the innovation and shortcomings of the paper.The first part is an overview of urban communities in China.This paper discusses the concept of urban community,the development of urban community and the theoretical basis of the legal status of urban community in China.Through the analysis of the concept of urban community and the review of its development process,it is found that the whole process of the birth and development of urban community in our country is always accompanied by the power infiltration of the administrative subject.The second part,combined with the current situation of urban community construction and development in China,summarizes the general situation.The legal status of urban communities in China is unclear and leads to a series of problems.From the analysis of the current laws and regulations,traditional administrative law and the definition of the legal status of urban communities in China,it is concluded that the legal status of urban communities in China is not clear.Due to the unclear legal status of the urban community,the official administrative color of the urban community management system is strong,and the supervision mechanism of the exercise of the power of the urban community is lacking and so on.In the third part,the author analyzes the legal status and characteristics of the urban communities in the representative countries,and sums up the inspiration from the experience of the representative countries.By analyzing the legal status models of three kinds of urban communities in the representative countries outside the region It is concluded that there are self-governing factors in different models of the legal status of urbancommunities in representative countries,which are highly unified with the national political system and take full account of the needs of community residents.Finally,the enlightenment of the legal status model of the urban community in the representative countries outside China is summarized.The clarification of the legal status of the urban community is a gradual and orderly process,and the reform of the urban community management system must be consistent with the reform of the political system.The clarity of the legal status of the urban community is helpful to the perfection of the management system of the urban community.The fourth part,from the angle of constitution and administrative law,establishes the legal status of urban community of our country scientifically.First of all,make clear the urban community of our country.The urban community is a grass-roots mass autonomous organization under the leadership of the government,which has the dual nature of self-government and administration.Secondly,legislation guarantees the legal status of urban communities in China.This paper analyzes the two legislative trends concerning the legal status of urban communities in China,and finally chooses the direction of weakening the government’s administrative intervention in urban communities,and puts forward the formulation of the regulations on Urban Community work.To establish the legal status of urban communities in China in the form of law.The conclusion part,based on the above-mentioned contents,summarizes that the legal status of urban communities in China is a grass-roots mass autonomous organization under the leadership of the government.