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运用文献资料法,研究广场舞扰民的发展历程、冲突表现、冲突成因与治理路径,以期丰富广场舞治理的理论基础,为广场舞扰民问题提供合理的解决方法。研究发现:广场舞作为群众参与全民健身的最广泛形式,凭借其易操作性、娱乐性、健康性等优势开始了无文化差异与地域差异的传播。但是广场舞引发的权利冲突也路人皆知,主要表现为社区居民的休息权与广场舞爱好者的健身权的冲突。由于冲突双方休息权和健康权的权利交叉,以及我国立法的不完善与执法的矛盾性共同造成了广场舞扰民的权利冲突。通过立法、执法、司法和资源等层面,完善相关法律法规、建立社区公约制度及社区调解机制、建设社区公共体育场地设施,形成政府与社会的协同治理机制。
By using the method of literature and information, this paper studies the development process, conflict manifestation, causes of conflict and path of governance in square dance, in order to enrich the theoretical foundation of square dance and provide a reasonable solution to the problem of square dance nuisance. The study found that square dance, as the most extensive form of mass participation in fitness for the general public, started the transmission of no cultural differences and geographical differences by virtue of its ease of use, entertainment and health. However, the conflict of rights triggered by square dance is also well known to everyone. It mainly shows the conflict between community residents ’right to rest and square dance lovers’ fitness rights. Due to the conflict between the right to rest and the right to health across the conflict, as well as the imperfection of our legislation and the contradiction of law enforcement together caused the square dance disturb the rights of the public. Through legislation, law enforcement, judiciary and resources, improve the relevant laws and regulations, the establishment of community conventions and community mediation mechanism, the construction of community public stadium facilities, the formation of government and social coordination mechanism.