This year, the fourth issue of the core journal of the Ministry of Justice, "China's Rule of Law", was published in the column "Deeply Promoting the Eighth Five-Year Plan for Law Popularization".
Practical exploration of building a grassroots brand of governance according to law
— Jinshan District to promote the village rules and conventions (residents' conventions) and
The innovation and development of grassroots democratic consultation and deliberation in accordance with the law is the starting point
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Grassroots governance is the cornerstone of national governance, and the party's leadership is the fundamental guarantee for strengthening the modernization of the grassroots governance system and governance capacity, and the rule of law in grassroots governance under the guidance of party building is an important area for promoting the realization of whole-process people's democracy as a basic project for comprehensive law-based governance, a key link in the urban and rural grassroots governance system, and a key task for the modernization of Chinese-style grassroots governance. Based on this, Jinshan District, Shanghai has always put the party's leadership throughout the whole process of grassroots governance, closely focused on the development theme of "transformation, new development, and new image", and took the village rules and people's covenant (residents' convention) and grassroots democratic consultation and deliberation according to law as the starting point, and explored the vivid practice of whole-process people's democracy in Jinshan's grassroots governance according to law.
01 Development status
(1) The practical background and successful experience of the village rules and people's covenant (residents' convention).
In December 2018, the Ministry of Civil Affairs, the Organization Department of the Central Committee of the Communist Party of China and other seven departments jointly issued the Guiding Opinions on Doing a Good Job in the Work of Village Rules and Residents' Conventions. In this context, Jinshan District took the lead in the pilot project and actively promoted the pilot work of revising the village rules and regulations (residents' convention), forming a successful model of "general provisions + detailed rules" in Baohua residential area of Shanyang Town and the exploration experience of Xinyi Village in Fengjing Town combined with the credit system, among which the case of Baohua residential area standardizing parking management in the form of residents' convention was selected as the "National Innovative Case of Legal Popularization and Law-based Governance" in 2019. In 2021, on the basis of comprehensively summarizing the experience of the pilot project, in-depth research, and scientific demonstration, Jinshan District researched and formulated the reference content of the 20-clause village rules and conventions and the general provisions of the residents' convention, and guided all villages (residents) in the district to complete the revision of the general provisions of the village rules and conventions (residents' conventions), and the relevant practices were reported by the "Rule of Law Daily" and others. Later, it successively formed the "River Rules and Civil Convention" of Caojing Town Reservoir Village, the "Vegetable Garden Convention" of Haiya Village, the "Tenant Management Convention" and the "Beautiful Dai" Homestead Convention of High-rise Village of High-tech Zone, and the "Civilized Pet Raising Convention" and "Elevator Standard Use Convention" and other implementation rules of Ziwei Residential Area of Shihua Street.
(2) The practical background and successful experience of grassroots democratic consultation and deliberation in accordance with law
In 2015, the Central Committee of the Communist Party of China issued the "Opinions on Strengthening the Construction of Socialist Consultative Democracy", which pointed out that "actively explore forms of consultation such as village (resident) councils, village (resident) councils, and earnest discussions." Pay attention to attracting stakeholders, social organizations, migrant workers, and village-based (community) units to participate in consultations. Based on this, Jinshan District took Shanyang Town and Langxia Town as pilots, and under the guidance of the District Justice Bureau, it has successively formed mechanisms such as the "People's Court" in Nantang Village, Langxia Town, the "Homestead Housekeeper" characteristic brand in Guangming Village, and the "Homestead Discussion" system in Zhongxing Village, Shanyang Town. In 2021, through the investigation and summary of these pilot units, the guiding opinions on strengthening grassroots democratic consultation and improving grassroots governance capacity and the rules of procedure for grassroots democratic consultation have been formed for the whole region, and the "three halls and one room" in Zhujing Town, the "Helping Council" in Zhongmin Village in Langxia Town, the "Two Ports Meeting Hall" in Tagang Village, Jinshanwei Town, the "Zhangjiadai Deliberation" in Luli Village, Zhangyan Town, and the "Small Round Table Deliberation" in Hengkang Community in the High-tech Zone have been successively cultivated and emerged, forming the "" The "four-step deliberation" of proposing, reviewing, discussing, and concluding, and the "flow chart of democratic consultation and deliberation according to law" in Luli Village, Zhangyan Town, and other mechanisms for consultation and deliberation in accordance with the law.
02 specific practices
First, highlight "integration", diversification, and wide coverage. Jinshan District adheres to the concept of "integration, openness and sharing", and establishes a pluralistic and coordinated operation mechanism in terms of consultation staffing, consultation platform positions, and consultation and deliberation forms, so as to improve the coverage rate of democratic consultation. In terms of staffing, it is clear that there are five types of subjects for consultation: cadres, organizations, representatives, supervisors, and stakeholders, to form a "one core and plurality" structure, that is, the leadership core of village (resident) grassroots party organizations and the "two committees" of the village (resident), the village (resident) legal adviser, the village (resident) "rule of law leader", "person who understands the law", rural model households for the study and use of law, village (resident) representatives, experts and scholars, stakeholders and other multiple subjects. For example, when solving the problems of lighting, green pressing, and occupying public passages encountered in the process of elevator installation, Ziwei Residential Area of Shihua Street convened neighborhood committees, property management companies, construction management centers, urban transportation centers, elevator companies, legal advisers, mass representatives, stakeholders, etc. to conduct full consultations, comprehensively analyze the legality and feasibility of the solution, and lay a solid foundation for the subsequent successful installation of elevators. In terms of deliberative positions and forms, promote the organic integration of democratic consultation and deliberative positions with party-mass service points, public legal service points, rule of law culture positions, and so forth, to achieve integrated construction and integrated development, and flexibly adopt online and offline forms such as daitou meetings, round table meetings, and online deliberative meetings, to ensure the broad participation of consultation entities.
Second, highlight the "standardization", complete links and high efficiency. In order to extend and expand the practical connotation of the whole-process people's democracy, on the basis of the original system documents, Jinshan District has further improved the process of grassroots democratic consultation and deliberation according to law, clarified the "nine-step method" consultation and deliberation system according to law, and formed a "closed loop" of "topic collection, topic determination, topic allocation, topic investigation, preparation for consultation, formal consultation, voting, result publicity, and result evaluation". During the consultation, all stakeholders are invited to fully express their demands, and legal advisers, "rule of law leaders", and "people who understand the law" conduct a review and check of the negotiation process, the content of the deliberations, and the voting matters throughout the process; The pragmatic and effective implementation rules of the village rules and conventions (residents' conventions) are to be carried out in a long-term manner by means of "point system + red and black list + reward and punishment system". At the same time, 11 neighborhoods and towns (communities in the high-tech zone) have respectively formulated and issued the "Annual Implementation Plan for the Rule of Law Guarantee for Grassroots Democratic Consultation and Deliberation in accordance with the Law", injecting rule of law elements into the participants in the main body, deliberation procedures, voting ratio, legality review and other links, clarifying the rule of law standards, and jointly promoting the practice and development of village rules and people's covenants (residents' conventions) and grassroots democratic consultation in accordance with the law in Jinshan.
Third, highlight "precision", focus on implementation, and achieve results. Jinshan District will "grasp the implementation and achieve results" as the yardstick for carrying out democratic consultation and deliberation activities and testing the effectiveness of democratic consultation and deliberation, adhere to focusing on the center, serving the overall situation, and the rule of law for the people, and continue to carry out precise consultation on issues related to people's livelihood and well-being, such as the construction of "clean and beautiful villages", the comprehensive management of new communities, the installation of existing multi-storey elevators, the centralized charging of electric bicycles, and civilized pet raising, so as to achieve "consultation with the people, consultation for the people, and consultation for the people". For example, Guangming Mansion in Shanyang Town, as a newly established residential area, is still in the "window period" before the property management in the early stage after the delivery of the new real estate. In order to solve the problem of difficult and blocking points in community governance at this stage, the neighborhood committee explored the introduction of rule of law resources, rule of law forces, and legal services into community governance, built a platform of "bright deliberation and democratic consultation", formulated platform rules of procedure and consultation system according to law, and effectively solved the problems involving the vital interests of community residents such as underground garage signal coverage, bus station addition, children's playground facility renovation and motor vehicle ramp repair by gathering public opinion and gathering people's strength.
In the next step, Jinshan District will continue to deepen the connotation of the grassroots practice of whole-process people's democracy, empower rural revitalization with the power of the rule of law, and integrate the simultaneous development of universal governance into more grassroots application scenarios, so as to provide strong support for comprehensively promoting the new development of Jinshan with "three transformations", accelerating the construction of a new strategic highland of "two districts and one fort", and making every effort to shape the new image of the "three bay areas" city.
Originally published in Rule of Law in China, Issue 4, 2024
Source: Jing'an District Bureau of Justice
Editor: Feng Xiaoyu