The government shall not interfere in matters that are within the scope of community residents' autonomy according to law. The government shall provide necessary funds and conditions for entrusting residents' committees to undertake matters. No organization or individual may designate, appoint or replace members of residents' committees ... The Ministry of Civil Affairs recently promulgated the Organic Law of Urban Residents' Committees (Revised Draft), adding nearly ten clauses, which clearly stipulates the electoral institutions, election procedures, recall procedures and powers of residents' committees.

At present, the Ministry of Civil Affairs is soliciting opinions from the society on the revised draft and will hold a hearing at the end of this year.

The current organic law of urban residents' committees came into effect on June 1990 65438+ 10/day, with 23 articles in total.

Xia Xueluan, a member of the Expert Advisory Committee of the Ministry of Civil Affairs and a professor of sociology in Peking University, said that the existing organic law of urban residents' committees has not adapted to social development. First of all, social population mobility has greatly increased. According to the original regulations, the management of neighborhood committees is based on household registration, which will undoubtedly shut out many foreigners. After the revision, it will be based on the place of residence, so the rights and interests of foreigners such as voting rights and reproductive rights will be included in the scope of urban management through the grassroots. Secondly, with the reform of urban management system, grass-roots people can't adapt to the original administrative management mode, but should handle social affairs through autonomous organizations and shift the focus of government work down to reduce the pressure on the government.

"Although the neighborhood committees are autonomous according to the current laws, they have not been fully implemented in operation." Xia Xueluan believes that the revised draft has absorbed the achievements of community construction and fixed and legalized the nature of its mass autonomous organizations. "Neighborhood committees are no longer the nerve endings of the government, and performing their duties is no longer an administrative act."

He also said that the revised draft put forward that "power goes with responsibility and fees go with things" is a great progress. Neighborhood committees should become a buffer zone between the government and the market. When the latter two fail, they can play a role as the third force to ensure social stability.

Highlight 1 residents' autonomy

The government shall not interfere with residents' autonomy.

In the provisions of Article 4 of the revised draft on the relationship between residents' committees and urban grass-roots governments, the content that "the government shall not interfere in matters within the scope of community residents' autonomy according to law" has been added.

Article 5 In the provisions on the responsibilities of residents' committees, it is added that "to handle public affairs and public welfare undertakings of residents in their own communities and organize residents to carry out autonomous activities."

Expert interpretation

Deng (Deputy Director, NGO Research Institute, Tsinghua University): In the past, the nature of neighborhood committees was very vague, but in the process of operation, they became administrative offices under the government street offices. Article 4. The legislative direction of the new regulations is clear, emphasizing the autonomy of neighborhood committees and embodying the principle of separating politics from society. The fifth new regulation highlights the work focus of neighborhood committees and emphasizes the task of public service.

field survey

There are some things that the neighborhood Committee has no right to solve.

A cadre of Jinsongzhong Community Neighborhood Committee in Chaoyang District, Beijing, said that matters concerning the immediate interests of residents are mainly resolved through residents' meetings.

The cadre said that the recent residents' meeting in the community discussed the issue of regular opening of community parks. For the safety of the community, the two doors of the community park are only open for 3 hours in the morning and 3 hours in the afternoon. But residents who want to go for a walk in the park think the time is too short.

After the residents' meeting, there was no consensus at that time. Later, some residents' representatives discussed it and decided to open it from 6 am to evening 10.

However, because the residents' committee has no administrative power, it involves some problems that cannot be solved by a residents' assembly. For example, some residents knocked on the wall of the room facing the street at home, and some residents complained that it was unsafe, but the neighborhood Committee had no power to solve it, so they could only communicate with the urban management and housing management offices respectively.

Highlight 2. Appointment and removal of members

Candidates for neighborhood committees are nominated by residents.

The revised draft adds "no organization or individual may designate, appoint or replace members of the residents' committee", "members of the residents' election committee shall be elected by residents' meetings or groups" and "election of residents' committees", and candidates shall be nominated by residents with voting rights in their own communities. The number of candidates should be more than the number of places to be elected. "

Expert interpretation

Xia Xueluan (Professor, Department of Sociology, Peking University): In the past, cadres of neighborhood committees were appointed by the government. The new regulations highlight the principle of autonomy of democratic elections of neighborhood committees. The members of neighborhood committees are completely decided by residents themselves, and grassroots democracy has been more fully practiced.

Mao Shoulong (Director of Administration Department of China Renmin University): The technical issues of these regulations should be further refined. If the election needs more than half of the votes to be valid, if the number of votes of candidates is less than half, then it is necessary to clearly stipulate whether to re-vote or vote between the two people with the highest votes.

field survey

The candidate recommended by the residents was not elected.

The cadre of Jinsongzhong Community Neighborhood Committee in Chaoyang District, Beijing said that the current Committee of the community was elected on June 14 last year. At that time, there were mainly three candidates, one was a former cadre, one was recommended by the sub-district office, and the other was elected by the residents themselves.

The cadre said that because the candidates recommended by residents themselves got fewer votes, they were not elected.

At the time of voting, the candidate's ballot has already written the recommended position, and some residents have proposed it. Members should be elected first, and then positions should be determined.

Highlight three. Functions and powers of neighborhood committees

Neighborhood committees can supervise real estate agents.

Article 6 of the revised draft stipulates that residents' committees may organize property management agencies to carry out various forms of community services, and property management agencies shall accept their guidance and supervision. Article 18 stipulates that the establishment plan of the owners' committee shall be submitted by the residents' committee to the residents' meeting for discussion and decision.

Expert interpretation

Xia Xueluan: Industry committees and property management organizations are commercial organizations, while neighborhood committees are service organizations, and the latter has no right to supervise and guide the former two. These two provisions complicate community organizations and have the color of administrative power, so the revision is not thorough, leaving the original administrative nature of neighborhood committees behind.

Mao Shoulong: Owners' committees and property management agencies should not be included in the management scope of neighborhood committees. Property management agencies are private service agencies hired by industry committees. This provision undoubtedly adds public power to the civil relationship between the owner and the property management agency, which is inappropriate.

field survey

There is a difference between neighborhood committees and industry committees.

Mr. Gao, head of the preparatory group of the owners' committee of a residential area in Haidian District, said that the relationship between the neighborhood committee and the industry committee was not friendly.

Mr. Gao introduced, 1999, the owner moved into the community, and on 200 1, a neighborhood committee was established. At that time, the sub-district office assigned personnel to serve in the neighborhood Committee, "but he himself is not a resident of the community."

For example, Mr. Gao said that according to Beijing regulations, members of industry committees are not allowed to engage in property management and related interest activities in residential areas, but property companies are engaged in business activities. Therefore, people from property companies should not be members of industry committees. "But the neighborhood support. This is our difference. "

In addition, Mr. Gao said that after the preparatory group meeting of the industry Committee attended by the neighborhood Committee, someone in the neighborhood Committee secretly told the developer after the meeting.

Highlight 4. sources of fund

The government has to pay for the entrusted work.

Article 26 of the revised draft stipulates that the public welfare facilities of residents' committees shall be solved by the local people's government as a whole; Twenty-ninth new provisions, the government and its relevant departments need to entrust the residents' committee to undertake matters, should provide the necessary funds and conditions.

Expert interpretation

Deng: As the grass-roots implementer of government work, the neighborhood committee undertakes all the affairs assigned by the government, but there is no financial guarantee. The new regulations will change this situation and implement the government's purchase of grassroots services.

At present, the source of funds of neighborhood committees is relatively single, and their own operational ability and fund-raising ability are relatively weak except for government grants, which is related to the weak public awareness of participating in community construction. In this regard, foreign experience is to set up community development foundations and mutual aid foundations, and community residents and enterprises donate money to solve the problem of community funds. At present, some communities in Guangzhou have also started these attempts, and these experiences are worth learning from.

field survey

The community infirmary can't afford a doctor.

According to the cadre of Jinsongzhong Community Neighborhood Committee in Chaoyang District, Beijing, the funds allocated by the street office are mainly two parts: cadre salary and office expenses. Not much money. In addition, the self-raised funds are mainly the membership fees of the elderly association, which are used to celebrate birthdays and hold activities for the elderly.

The cadre said that the expenses for the office space of the star project infirmary were borne by the street offices, but the neighborhood committees lacked the economic ability to improve the employment of doctors, the purchase of basic drugs and the purchase of medical equipment. There are no doctors in the infirmary now. Community universities for the elderly, fitness equipment and other public facilities are facing the problem of shortage of funds.