Residents' Committee Legal Person Governance Structure Research

In October 2017,"General Provisions of the Civil Law" has been clear about the urban residents' committee can gain mass organizations for self government at the grassroots level in the special legal person status,make it even more clear legal status in the community governance.It can exercise civil rights and assume civil responsibilities independently,to wriggle out of the excessive intervention of grassroots governments,to make the better the function of urban community autonomy organization possible.Although legislation were not made a more detailed system arrangement for this kind of special legal person,but based on reality needs,around busy scrambling to grassroots autonomous organizations of a legal person registration work.In November 2017,Huang Shuxian,Minister of Civil Affairs,issued the first Certificate for Uniform Social Credit Code of grassroots autonomous mass organizations' special legal person for Shaojiu community residents' committe,Donghuamen street,Dongcheng District,Beijing.After that,the work will distribute throughout the country.However,how to use the legal person system thoroughly change the government image of residents' committees,give full play to the functions of it's residents' autonomous organization,also a urgent theoretical problems to be solved.From the perspective of self-improvement of the residents' committees,this dissertation put forward the idea of constructing corporate governance structure of residents' committees,from the following several parts.First discusses the residents' committee legal related theoretical issues.Residents' committee legal person refers to the urban community autonomous mass organizations at the grass-roots level,is a form of special legal person.From the perspective of public law,residents' committees is grassroots autonomous organizations of a city,is a certain community residents to achieve autonomy organization,provide service for urban community public management.And from the perspective of private law,it is has the capacity for civil rights and capacity for civil conduct of civil subject,it can be engaged in needed for performing functions of civilactivities and bear civil liability.Residents' committee shall have the status of legal person,more facilitate its own performance of the functions of community management,give full play to the positive role of community residents' well-being.But the healthy functioning of organization,cannot leave without the scientific design of internal governance structure.Internal governance structure of legal person of the residents committee should be aim for efficiency and democracy,to improve the old operating mechanism which has been implemented for decades,make its better for achieve the goal of serving the people at the grassroots level,promoting the modernization of urban social governance.Second,the existing problems in the governance structure of the residents' committee in our country present stage was investigated analysis.Around the beginning of the founding of new China,according to “The Organic Regulations of the Urban Residents' Committees(draft)”,under the urban street organization,set up a residents' committees,the group consists of social welfare(including special care),public security,culture and education,hygiene,mediation and other five committees,overall responsibility for the community public affairs management.But the committee staff mostly composed by volunteers,also does not have uniform standard about staff.”Organic Law of the Urban Residents Committee of the People's Republic of China”that promulgated in the 1980 s,determine the new organization system.This new organization composed by five to nine people,include chairman,vice-chairmen and members of the residents committee,responsible for enforcing the community management of public affairs,but the internal division of labor is not clear.Through decades of practice,the operation of the residents' committees still exist the following problems: one is the residents are not as involved in community meeting as they should be.Community residents see community residents' committees as political interests,public interests,they expect the government to solve the management of public affairs;but the property of owner committee is the property interests of the community residents,residents' participation positively.The way of work is over administration,and they also lack of democratic decision-making mechanism and transaction implementation responsibility system;the last problem is the lack ofsupervision mechanism.Residents can not monitor the activities of the committee members and the status of committee's finance function through the internal procedure,which makes the residents' committee inefficiency.Finally,the improvement of the residents committee legal person governance structure has been carried on the preliminary analysis and Suggestions.First of all,determine the construction of residents' committees governance structure which include the autonomy principle,service principle,democracy principle,efficient principle and the principle of checks and balances.And on that basis,reference the corporate governing structure and the public utilities legal person governance structure,and combined with the characteristics of urban residents' committees it self,distribute the rights and responsibilities scientifically between government agencies.the policy-making body that dominated by the residents meeting,should elect committees as community affairs executive mechanism.Besides,setting up a special committee as a supervision agency,responsible for monitoring the sub-committee's each members of working behavior and legal property of the operation.