< br / > in recent years, communities in almost every city in China Square, leisure park and other public spaces can see a kind of leisure fitness activities known as "square dance". At the time of the night, the middle-aged and old women, named "Chinese mother", spontaneously gather in the public space of all kinds of cities. They dance with the strong music and melody, which are not light and active. They make a stronger momentum by the action of scale effect and neat action. It is a unique but highly identical urban landscape in China's urban life. In this mass recreational fitness program, two important social consequences have aroused widespread concern and discussion. First, square dance has become a lifestyle or behavior label for a specific participant in "Chinese mother". From the reports of various media, the square dance has been brought into the station, the airport, the wharf, the train carriage and the tourist attractions by "Chinese mother" from the community, and even the figure of the square dance will appear on the blocked freeway. It is no exaggeration to say that wherever there are "Chinese mothers", there will be exciting square dance. Such as "square dance aunt" in Paris Le Louvre Museum, New York Times Square, Moscow Red Square was reported by police intervention when the various media. Second, the unexpected consequence of square dance as a positive leisure fitness activity is becoming a social problem. On the one hand, the negative influence of square dance on community living environment (noise disturbing people) is becoming more and more prominent, which has been widely mocked, ridiculed and tucked. Square dance and "Chinese mother" show signs of "stigma" to a certain extent; on the other hand, as the square dance becomes more and more popular, various kinds of square dances are perturbed. The action of the people's boycott is also rising synchronously. In this process, a series of serious "malignant boycott" has taken place, and the noise of the square dance even shows a trend of "community public harm". It is the social consequences of the two square dances that construct the problem consciousness, that is, as a positive recreational exercise, what kind of social foundation does the "stigmatization" of square dance and the process of encountering boycott happen? What specific social implications does this process have? the Governance Dilemma of square dance
in all kinds of media, such as newspapers, TV and Internet platforms, every other time, we can always see the report about square dance and "Chinese mother". A large part of the report is to introduce local people to resist and boycott square dance. In the process, some "vicious boycott" events against square dance continue to impact people's cognition and attitude towards square dance and "Chinese aunt". There are many "malignant boycott" events in reality, and the most remarkable thing is that ordinary residents, troubled by the noise of the square dance, take extreme means (or even suspected illegal means) to resist the square dance. For example, the "noise counter" incident in Wenzhou, the "high building dung" incident in Wuhan, the "shooting of the dog" in Beijing, and the "parking space lock" event in Changchun. The following is the basic situation of the above-mentioned "malignant boycott" events collected from the media:
"noise duel" occurred in April 2014. The owners of the residential district of the "new Guoguang commercial and living square" in Wenzhou have long been unable to bear the noise of the square dance of "mattai square" across the road. After the null and void, the owners raised 260 thousand yuan to buy "long distance directional sound amplifying system" (commonly known as soprano) and boycotted square dance in a "noise to noise" way (see the Wenzhou evening news March 30, 2014). The "high building dung" incident occurred in October 2013. The owner of "Hankou center Jiayuan" was dissatisfied with the noise of the district square dance. After many times of coordination without fruit, "high building dung" was used to drive the mother who participated in the square dance (see "Changjiang net" in October 25, 2013). The incident of "shooting a dog with a gun" occurred in August 2013. A local resident of a stadium in a cement factory in Changping, Beijing, has long affected normal rest and sleep because of the long influence of the square dance on the court. Dancing crowd (see CCTV news 11 November 7, 2013). "Parking space lock" incident occurred in October 2014, Changchun city "Yongchang beauty domain" property because of the dispute caused by the square dance, forced to install 50 "parking locks" on the square in front of the community door to prevent the occurrence of square dance (see "Legal Evening News" October 9, 2014). "
" noise confrontation "and" high building dung "and other" vicious boycott "incidents have two common characteristics. First, the makers of the "malignant boycott" have been troubled by the noise of the square dance for a long time, and most of the "malignant boycott" incidents often occur when the noise is more than the tolerance limit. Therefore, although the uncivilized, irrational and even hurt ways of the "malignant boycott" event will cause serious social consequences, the basic logic of the event is to defend its own right (such as the right to rest). Second, the "malignant boycott" incident occurred on the premise of all possible ways, methods and means to solve the noise nuisance problem of square dance. The media survey and reports showed that before the "malignant boycott" incident, most of the process of communication and negotiation between noise victims and noise makers, intervention and mediation of property and community, reporting police and complaints to government management departments (such as "110" and environmental law enforcement departments, etc. It is impossible to solve the problem at the end. Even if some means of communication, mediation and intervention can mitigate the severity of the situation to a certain extent, it will soon be restored to its original level and even worse. Moreover, the repeated occurrence of these processes further aggravated the contradictions and conflicts between the two sides. The final result is that the "square dance aunt" is still going its own way, and the noise victim is desperate to solve the problem through a normal way. Therefore, in a sense, the "vicious boycott" incident is actually an angry choice under the psychological despair. The above two preconditions of the "
" "malignant boycott" show a serious social fact that the noise of the square dance has fallen into an abnormal state and difficult to govern. The specific performance is: in the face of the common existence of square dance noise to the public right infringement and normal life interference, no matter what ways, methods and means, no effective governance, this is the plight of the square dance. The "stigma" of square dance and its "vicious boycott" are related to the dilemma of square dance governance. This is an incomprehensible and confusing Governance Dilemma. From the management logic of modern rule of law civilization, once the legal facts about the noise of the square dance are set up, it is faced with the interference of judicial and administrative means, sanctions, punishment or even banning, and then the community relations, distorted by the noise of the square dance, will be "disorderly", and the normal order of life and the community environment are restored. The logic of governance in this modern society is unconditional, because any of the legitimate and active recreational activities must be preconditioned by the non violation of the basic rights of others and the non destruction of basic community relations and order. Therefore, it emphasizes the legitimacy of "square dance big mother", emphasizes the contradiction between the demand for leisure fitness and the shortage of public leisure fitness places, emphasizes the square dance as the basic form of promoting the national fitness movement and emphasizes the institutional dilemma in the action of governance (such as the community has no law enforcement power, the public security organ is missing. " It is not enough to provide an effective explanation for the plight of the square dance, and it can not be used as an objective condition for the noise of the square dance. Therefore, in the logic of law, the dilemma of square dance governance is an abnormal and unexplicable phenomenon.
in short, the dilemma of square dance governance is totally out of line with the basic logic of modern rule of law civilization. In other words, the governance logic of modern rule of law civilization and the dilemma of square dance governance form a paradox of theory and practice. In order to avoid the logical paradox and cognitive pitfalls, we should re face the social foundation and mechanism of the noise of the square dance and re understand the potential action meaning and social expression of the square dance and "Chinese mother". This raises an important requirement for us to understand the dilemma of square dance governance from legal logic to social logic. That is to say, from the mechanical use of legal norms on the hazard of square dance noise cutting and judging, to explore the square dance noise into the dilemma of governance and the "vicious boycott" social basis and mechanism. Further, it is to answer from the study, why the combination of this particular form of leisure fitness and the specific subject of "Chinese mother" has led to the dilemma of the governance of the square dance.