基于行政自律的社区工作准入制

Community Work Access System Based on Administrative Self-Discipline

基层群众性自治组织在政府开展社会动员时具有无可替代的作用,但也面临着负担过重和严重行政化问题。为了保障基层群众性自治,实现政府与社会的良性合作,在居委会拒绝权失灵的情况下,有赖于法治化的行政自律机制即社区工作准入制。基于行为法的缺失或不具体,更基于行政任务实现的需求,社区工作准入制应当是开放的。社区工作准入制的开放,并不违反法律保留原则和行为法的立法目的,有助于基层群众性自治。但是,行政任务纳入居委会的协助范围是有条件的,必须是混合型协助事务且非核心行政事务或禁止协助事务,在程序上必须通过必要性、合理性和合法性的审查。

Mass organizations of self-government at the grassroots level have an irreplaceable role in the government’s social mobilization.However,they are overburdened and highly administrative.In order to ensure the self-governance of the masses at the grassroots level and realize the benign cooperation between the government and the society,when urban residents committees fail to refuse,it relies on the administrative self-regulatory mechanism under the rule of law.That is the community work access system.The community work access system should be open,which is not only based on the absence or vagueness of administrative action law,but also based on the fulfillment needs of administrative tasks.The opening of the community work access system does not violate the principle of legal reservation and the legislative purpose of the administrative action law,and is conducive to the system of grassroots self-governance.However,there are conditions for administrative tasks to be included in the assistance scope of the urban residents committees.The tasks must be mixed assistance affairs and not core administrative affairs or prohibited assistance affairs,and get through the review of necessity,rationality and legality in the procedure.