社区治理的法治思考

Legal Consideration on Community Governance

笔者认为治理理论是一个组织框架,我国社区建设和发展的历史就部分包含有对"治理"的探索。也就是说,中国社区治理问题并不是新近才冒出的一个词汇,而是在扩大基层民主这一背景下出现的,这是中国在政治体制和行政管理体制方面探索的一个突破。然而,我国在探索社区治理的实践中,暴露出社区主体法律地位不明,社区治理结构不健全,社区自治能力不足,立法及法治理念滞后等问题。考虑到社区自治性不足和法治环境脆弱的实际,将法治框架置于社区治理过程,通过法治下的社区治理,使公民社会从政治国家中成功分离,建立一个社会力量与政治力量相互制衡的新的社会结构。

Community governance is a framework and the history of community construction and development in China partially includes the practical exploration on governance, that is to say, community governance in China was not a new term, but rather appeared under the background of extending grassroots democracy, which was a breakthrough of exploration on political system and administrative system in recent years. However, many problems in practice of community governance are exposed, for instance, legal status of community subjects are indeterminate, community governance structure is not perfect, community autonomous ability is insufficient, and legislation and concept of rule of law are out of date, etc. Considering the fact of insufficient community autonomous and fragile environment of rule of law in China, the paper applies the frame of rule of law to the process of community governance, which successfully separate civil society from political state, and finally establish a new society structure of restriction and balance between society strength and political strength.