Analysis Of The Legal Path Of Grassroots Grid Governance

Grassroots closely maintains the people;grassroots governance is an important part of national governance in the new era.At the Fourth Plenary Session of the 18 th CPC Central Committee,it was pointed out that "to comprehensively promote the rule of law,the foundation lies at the grassroots level,and the focus of work lies at the grassroots level",and further required the "rule of law in grassroots governance".In order to prevent and defuse major risks and overcome the traditional top-down linear management drawbacks,a new grassroots social governance model —— "grid governance" has emerged."Grid governance" is a social governance model derived from the electrical concept of the "grid".Its concept has experienced the evolution process from "grid" to "grid management" and then to "grid governance",and has the structural characteristics such as subject pluralism,high autonomy and power duality.Since the introduction of grassroots grid governance and operation in 2004,China has launched extensive and rich practices across the country,and played a prominent role in the "joint prevention and control" of the epidemic in recent years.As a new mode of social governance,the unique power dual characteristics of grassroots grid governance has a new collision with the existing social governance system in China,and also exposes many deficiencies.In order to improve its social adaptability and standardization,it is urgent for us to improve the rule of law level,that is,to promote the rule of law of grass-roots grid governance.Grassroots grid governance itself has rich theoretical support,and on its basis,it further extends the theoretical thinking of the rule of law,which will involve the choice between the formal and the substantive rule of law,how to transform the administrative power and autonomy of the governance subject,and how to resolve the tension of the effectiveness of governance and the governance of the rule of law.From the standpoint of social law,combined with empirical data,According to the standard analysis of law standard,Under the background of epidemic prevention and control in China,grassroots grid governance shows the following legal difficulties:first,the positioning of grassroots grid legal subjects is unclear,This is particularly evident in local normative documents with informal legal origin;Second,the boundary of power and responsibilities in grass-roots grid governance is not clear,The boundary between the exercise of administrative power and autonomy by grid governance subjects is blurred,There is also a lack of responsibility mechanism matching its governance power;Third,the excessive subsidence of government power leads to the alienation of grid function,Including the increasing sharpening of grid governance tools,Including also the generalization phenomenon of grid governance,Both will affect our government transformation,Cause the rule of law government construction is not smooth.To alleviate the above three types of difficulties,It is urgent to explore and analyze the legal path of grassroots grid governance: first,the legal status of grassroots grid governance subject should be clarified in China’s current legal system,To the superior law "explain according to the law interpretation",At the same time,improve the standardization of the lower law;Second,to clarify the boundary of power and responsibility in grid governance,Distinguish between administrative power and autonomy,And match its corresponding dynamic legal liability mechanism;Third,emphasize the role of the government in grid governance to "leading" as "guidance",Avoid "sinking of power" as "decentralization of responsibilities",Give full play to the effectiveness of grid governance,Make China’s grassroots governance operation full of vitality and efficiency,Realize the "interaction" of social governance.By exploring the rule of law path of grass-roots grid governance,we can improve China’s grass-roots social governance system,so as to promote the modernization of China’s social governance system,and truly create a new pattern of social governance featuring joint construction,joint governance and sharing.