自我卫护:习惯法视野下非常时期的城市社区管控规范--以2020年初防控新冠肺炎疫情为对象

在2020年初我国防控新冠肺炎疫情的非常时期,许多城市社区为自我卫护根据《传染病防治法》等法律法规和基于自治组织性质制订并执行了有关疫情管控的自治规范。非常时期城市社区管控规范的制订主体主要为作为基层群众性自治组织的居民委员会,也包括社区党组织、业主委员会、物业公司等组织。非常时期城市社区管控规范的具体内容主要包括与疫情防控相关的通行管控规范、人员管控规范、车辆管控规范、防控措施管控规范等。非常时期城市社区管控规范的实际运行包括管控规范的宣传、管控规范的执行、管控规范实施的监督等方面。城市社区管控规范为非常时期应对新冠肺炎疫情而制订的具有特定目的的非国家法范畴习惯法性质的临时性自治规范,应当遵循法治原则、民主原则、合理性原则。以此非常时期城市社区管控规范的思考为契机,推进城市社区的多元治理,进一步提升城市社区的自治能力和治理水平。

Self-protection:on Management and Control Norms of Urban Community during Extraordinary Period under the Perspective of Customary Law--Take Prevention and Control of COVID-19 at the Beginning of 2020 as an Example

At the beginning of 2020, provinces and cities in China launched the first level response mechanism for public health emergencies, China entered an extraordinary period on the prevention and control of novel coronavirus pneumonia. In order to protect themselves, many urban communities,which are entitled autonomous organization as their legal identity, have formulated and implemented their autonomous norms on epidemic control, based on state laws, state regulations such as Law of PRC on the Prevention and Treatment of Infectious Diseases. These norms represented the nature of customary law which belongs to non-state law. The prevention and control norms on novel coronavirus pneumonia refer to the main body of formulation, concrete content, practical operation and inherent requirements. The main body of the formulation includes, the residents’ committee as the mass autonomousorganizations at the grass-roots level, community party branches, owners’ committees, property companies and other organizations. The concrete content mainly includes those norms related to epidemic prevention and control, such as pass norms, personnel norms, vehicle norms, prevention measures norms and so on. The practical operation includes propaganda, implementation and execution of the management and control norms. Since the management and control norms are temporary autonomous norms formulated to response to public health even,i.e, the novel coronavirus pneumonia, they should conform to principles like rule of law, democracy and rationality as inherent requirements. It is expected to take the epidemic prevention and control in this extraordinary period as an opportunity to promote the plural governance of urban communities and enhance the ability and level of urban communities governance.