法权行动主义与小区自主治理--基于G市Q小区案例的考察

Legal-Right Activism and Homeowners’Self-Governance:A Case Study of Q Community in G City

业主自主治理是观察中国城市治理的切入点。已有研究侧重于关注业主夺取小区自治权的维权抗争,或者探讨后维权抗争时期业主自治的困境与对策,较少从业主夺取、运用和巩固自治权的全过程考察自主治理的演进脉络及其持续机理.考察G市Q小区业主夺取、运用和巩固自治主导权的过程,发现“法权行动主义”——法权意识与行动的螺旋式互促是业主自主治理持续的关键这表明业主群体是基层社会的建设性力量,自主治理为城市治理提供了新的路径.

Self-governance by homeowners is an important angle to observe the governance in urban China.Previous works have studied the homeowners'right preservation actions to reclaim the autonomy and they have paid attention to the challenges and tactics after the disputes,but there is a lack of a longitudinal perspective.The whole process of seizing,utilizing and consolidating autonomy needs our discussion and attention,so we could find out how the self-governance evolve and sustain.Based on a case study in G city,this paper traces the process of the homeowners taking over,practicing and consolidating their autonomy.It finds that the key lies in a new framework--legal-right activism,which could explain how the self-governance by homeowners endures.This empirical evidence has shown that homeowners have been playing a constructive role in grassroots governance and self-governance will be the third road of urban governance.