Hot topics in the application of urban management administrative law enforcement

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With the birth of explosive news such as "Martyrs Urban Management turned out to be a triad society" and "the first urban management armed department was established", the issue of urban management law enforcement has once again been pushed to the forefront and become a hot topic of social justice.

In the process of carrying out the power of relatively centralized administrative punishment in urban management, all localities have achieved good results. The relatively centralized administrative punishment power of urban management is considered as "an important milestone in the process of establishing a new legal operation mechanism in China" and "an inevitable choice for China to build a well-off society in an all-round way in the new period". However, in the process of implementation, some problems have also been encountered. Negative news about urban management law enforcement has emerged one after another, which has seriously affected the image of the government.

Urban management is one of the main functions of the government. Urban management level is an important symbol and direct embodiment of a region's civilization, comprehensive strength and overall taste. If the management is not in place and the environment is dirty, then even if the city has the best planning and design, the highest construction level, the comfort index of the living environment and even the happiness index of life will decline, the city must be an uncompetitive city.

The necessity of urban management also requires us to properly handle this problem and create a good living environment for the construction of social spiritual civilization and material civilization. Therefore, in a period of time, urban management law enforcement will inevitably become one of the hot spots in the civil service examination.

Popular news materials

Material 1:

On August 65438, 2065438, after two months of preparation, Wuhan's first urban management armed forces department was established in Hanyang District Urban Management Bureau, and the first batch of 40 urban management team members joined the militia. This news has aroused widespread concern, and some citizens are worried that this move may trigger an "escalation" of urban management violent law enforcement.

According to local media reports, the Armed Forces Department of the Urban Management Bureau is usually responsible for the organization and construction, national defense education, military training and equipment management of the militia in this unit, organizing the militia to complete combat readiness, maintain social stability, and complete dangerous tasks such as flood fighting and emergency rescue. Responsible for organizing and leading militia reserve personnel to join the army and support the front line in wartime. At present, 40 staff members of Hanyang Urban Management Bureau have joined the militia under the organization of the Armed Forces Department of Hanyang Urban Management Bureau. They will receive combat readiness training and national defense ideological education. After its establishment, the armed forces of Hanyang Urban Management Bureau will organize more law enforcement officers to join the militia.

The report also said that according to the relevant person in charge of the Hanyang District People's Armed Forces Department, in the past, militia organizations were mostly located in streets and communities, and it was rare for government functional departments to set up armed forces departments in the city, especially in the urban management system. Compared with street and community militia, urban management law enforcement officers are relatively young and can inject more vitality into the militia. Joining militia organizations and participating in formal militarization training will also help urban management law enforcement personnel to enhance their image and improve their law enforcement level.

The news caused widespread concern, and some netizens expressed concern: "After the urban management is fully armed, it is even more impossible to enforce the law, and the people can't do anything about them." Many netizens expressed concern about the "escalation" of violent law enforcement caused by the establishment of the Armed Forces Department.

Some netizens commented: Before Wuhan Urban Management, there were many big moves to "turn over a new leaf", such as gentle law enforcement with all young and beautiful female college graduates, and a series of positive attempts such as "eye-catching law enforcement" and "selling cute law enforcement". In my opinion, the establishment of the Urban Management Armed Forces Department this time has realistic considerations for enhancing the image of the department. However, due to complex comprehensive factors, the image of urban management has attracted much attention and been criticized repeatedly. To shape the image of urban management, we should take a multi-pronged approach, treat both the symptoms and the root causes, analyze the management system, law enforcement environment, team quality and other aspects, find out the crux and prescribe the right medicine. In addition, no amount of image enhancement measures are flashy superficial articles, which are not worth congratulating.

Material 2:

In 2008, the Shenzhen water testing government "purchased services", and some urban management functions of xixiang street in Baoan District of Shenzhen were handed over to property companies, with good results. The so-called "Xixiang experience" of urban management outsourcing is gradually popularized in Shenzhen. However, on July 20 18 12, Shenzhen Nanshan police reported that 25 people who contracted urban management business of a company were suddenly exposed to the sun in a triad-related case because they were suspected of collecting protection fees and making troubles.

On the surface, the government's "purchasing services" is indeed a bright spot. In this way, the government saves worry and most of the labor costs. And at first glance, the effect is quite good. However, there was an abscess hidden behind the glamorous appearance, which covered up many ugly phenomena until it was detonated by a vicious case five years later. The gains and losses during this period deserve deep thought and vigilance.

Admission qualification, operation supervision and quality assessment are all in a mess. When awarding the service area, it is actually the form of bidding and lottery. There is no uniform standard for bidding, which is mastered by all street offices. So far, there is no unified access standard in the city. Many coordinators rush to work after receiving simple training, and some even have no basic training. In addition, they lack the discipline and regulations of civil servants, which leads some coordinators to participate in illegal activities.

Urban management law enforcement has always been a national problem, but facing the problem directly requires the courage and wisdom of reform. For example, in many urban management places, there have been gentle law enforcement, flexible law enforcement, onlookers law enforcement, eye withdrawal law enforcement, formation law enforcement, etc ... These attempts are all well-intentioned, and they are all trying to implement a civilized law enforcement and humanized law enforcement, which is worthy of recognition. Although urban management outsourcing is also a reform, the service purpose cannot be changed, and civilized law enforcement cannot be spoiled by outsourcing, let alone become a triad society. The urban management business is not a triad wharf, and now its disadvantages have been exposed to the sun. I think it is better to cancel this reform as soon as possible and restore the essence of urban management.

Explanation of related nouns

1. Urban management: urban management supervision organization, formerly known as city appearance management organization. The main work is "comprehensive protection of urban environment".

2. The main responsibilities of urban management

1) To implement the laws, regulations and rules of the state and this Municipality on urban management, and manage and maintain the urban management order.

2) Organize the drafting of local laws and regulations on comprehensive administrative law enforcement of urban management in this Municipality, and study and put forward opinions and measures to improve the comprehensive administrative law enforcement system of urban management in this Municipality.

3) To be responsible for the guidance, overall coordination and organization and dispatch of the administrative law enforcement of urban management supervision in this Municipality.

4) Responsible for the supervision and assessment of the administrative law enforcement team of urban management supervision in this Municipality.

(five) to be responsible for the professional administrative law enforcement of municipal facilities, urban public utilities, urban water saving and parking lot management in this Municipality; Responsible for the investigation and handling of major cases assigned by leaders across regions in the administrative law enforcement of urban management and supervision teams.

6) Be responsible for the organization construction, work style construction, team building and honest and diligent work of the city's urban management supervision administrative law enforcement system.

7) To undertake other tasks assigned by the municipal government and the Municipal Urban Management Committee.

3. The concept of urban management law enforcement

The so-called urban management law enforcement mainly refers to the exercise of relatively centralized administrative punishment power in the field of urban management.

The term "relatively centralized power of administrative punishment" comes from Article 16 of the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law): "The people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council may decide an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal freedom can only be exercised by public security organs."

At present, the academic community has basically reached a consensus on the concept of relatively centralized administrative punishment power, that is, "the administrative punishment power of several related administrative organs will be centralized and handed over to one administrative organ for unified exercise." After the power of administrative punishment is relatively concentrated, the relevant administrative organs will no longer exercise the original power of administrative punishment. " Its core is to separate the power of administrative punishment from the power owned by the original administrative organ and exercise it uniformly by a specific organ, so as to form the separation and balance between the power of administrative management and the power of administrative punishment within the administrative organ and promote administrative efficiency and fairness.

Its scope mainly includes:

1. The right of administrative punishment stipulated by laws, regulations and rules on the management of city appearance and environmental sanitation, and the compulsory demolition of buildings or facilities that do not meet the standards of city appearance and environmental sanitation;

2. All or part of the power of administrative punishment stipulated by laws, regulations and rules on urban planning management;

3. The right of administrative punishment stipulated by laws, regulations and rules on urban greening management;

4. The power of administrative punishment stipulated by laws, regulations and rules of municipal administration;

5. Part of the power of administrative punishment stipulated by laws, regulations and rules on environmental protection management;

6. The right of administrative punishment for unlicensed vendors as stipulated by laws, regulations and rules on industrial and commercial administration;

7. The right of administrative punishment for occupying urban roads as stipulated by laws, regulations and rules of public security traffic management;

8. Other administrative punishment rights in the field of urban management decided by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The role of urban management law enforcement

Since the full implementation of the system of relatively centralized administrative punishment in urban management, it has played a prominent role in urban management in China, and its status has increasingly shown its importance. Effectively solved the problems of multi-head law enforcement, overlapping powers, expansion of administrative law enforcement team, law enforcement disturbing people and so on in urban management in China. At the same time, due to the streamlining of the law enforcement team, not only the efficiency and level of law enforcement have not been reduced, but also considerable progress has been made, reducing China's financial expenditure and overcoming the problem of bloated institutions. The most important thing is to achieve remarkable results in improving urban management.

Details are as follows:

1. Effectively solve the problems of multiple law enforcement, repeated punishment and law enforcement disturbing people in the field of urban management, and further improve the level of administrative law enforcement.

2. The relatively centralized power of administrative punishment is an active exploration of the proper separation of administrative power, examination and approval power, supervision power and punishment power, which can accumulate experience for reforming the current administrative management mode.

3. Relatively centralized power of administrative punishment can explore new ways to rationally allocate the functions of government departments and streamline administrative institutions.

Problems existing in urban management law enforcement

1. The relevant legal guarantee mechanism is not perfect.

So far, there is no special law on urban management enforcement in China, and now the basis of urban management enforcement is only the provisions of the Administrative Punishment Law on relatively centralized administrative punishment. The legal effect and legal status of urban management law enforcement are obviously insufficient, and the main body of urban management law enforcement is in an embarrassing position in the process of law enforcement: not only must it face the doubts of law enforcement counterparts, but it is also in a "weak position" in the process of dealing with other departments.

At the same time, there is no law to clearly define the rights and obligations, statutory duties and scope of performance of urban management law enforcement personnel, and the scope of urban management law enforcement is constantly expanding, almost all-encompassing. In addition, the lack of effective supervision and restriction mechanism makes the discretion of administrative punishment used by urban management law enforcers at will, which makes urban management law enforcement simple and rude and increases the probability of urban management violent law enforcement.

2. Urban management law enforcement procedures are not standardized.

Urban management law enforcement officers often fail to follow legal procedures in the process of urban management law enforcement, especially in specific administrative acts that affect citizens' rights and obligations. In administrative punishment cases, there are procedural violations. In perverting the law, people sometimes deprive the parties of their rights, such as confiscating goods without issuing a ticket or explaining the situation, enforcing the law simply and rudely, and even using violence to overthrow and disturb the objects of law enforcement, which has seriously damaged the social image of the urban management team. It is mainly the phenomenon of abuse of power, illegal law enforcement, arbitrary charges, arbitrary fines and abuse of power for personal gain in urban management law enforcement.

3. The concept of urban management law enforcement is relatively backward.

For a long time, China has implemented a highly integrated management model of government and society, and the government only regards the management of social affairs as government management. Citizens' right to participate in urban management law enforcement is deprived, and law enforcement departments and law enforcement objects are in direct opposition. Under the obstacle of the idea of "official standard", the government often takes officials themselves as the center in management and is divorced from actual needs, resulting in what the government does is not really needed by the masses. This kind of law enforcement is difficult to convince managers, and the punished will not only complain, but also have no fear of the law. Therefore, the contradictions and conflicts between urban management law enforcement departments and law enforcement targets will become more frequent, and the phenomenon of uncivilized law enforcement will become more prominent.

4. The law enforcement method is single and the coercive power is insufficient.

At present, administrative punishment is the main means for urban management departments to achieve management goals. The relatively centralized punishment right is the punishment right for simple and common street violations, and the punishment is mostly a fine of several tens of yuan. When the administrative party is unwilling to pay the fine, because the urban management law enforcement organ has no enforcement power, it can only apply to the court for enforcement according to legal procedures, and it is unrealistic to spend a lot of time, energy and financial resources to apply to the court for enforcement for a case of several tens of yuan. The contradiction between the characteristics of urban management law enforcement, such as single law enforcement method and no administrative coercion, and the large content, small scale, simplicity and rapidity of urban management law enforcement makes it difficult to investigate and deal with illegal acts in time, and it is also difficult for law enforcement departments to fully fulfill their legal rights and obligations.

5. The quality of urban management law enforcement team is uneven.

The concrete manifestations in practice are as follows: First, the political quality is not high. Very few law enforcement team members have weak political concepts, shaken ideals and beliefs, weak political acumen and political discrimination, and the concept of serving the people wholeheartedly has faded; Second, the professional quality is low. A small number of law enforcement officers have a low level of education and lack of professional knowledge of urban management law enforcement, which leads to irregular law enforcement behavior and violation of procedures; Third, the legal consciousness is weak. On the one hand, a few law enforcement officers lack the awareness of enforcing the law according to law, and they either act indiscriminately or do nothing in law enforcement management. Fourth, in the process of law enforcement, there is a phenomenon that feelings are greater than laws, so that law enforcement is lax and laws are not obeyed. Fifth, law enforcement is simple and rude, and there is no real understanding and grasp, so as to achieve civilized law enforcement and service management, thus affecting the overall image of the urban management team.

6. Social reality problems

The important content of urban management law enforcement is to clean up unlicensed roads. With the reform of the economic system, rural surplus labor forces flock to cities, and the number of laid-off workers has greatly increased. Quite a few people are older and have no special skills. Forced by their livelihood, they are forced to set up stalls on the street at will, which often becomes their first choice.

7. Legal publicity is not enough.

Publicity and management are out of sync. Due to insufficient publicity and weak legal awareness of the masses, there is a phenomenon of resisting the law, which is also an important factor that brings certain difficulties to urban management.

Reform proposal

1. Improve the legal system of urban management.

A scientific and strict legal system is the premise of doing a good job in urban management law enforcement. The first is to strengthen legislative work. Adhere to the guidance of Scientific Outlook on Development, follow the laws of legislation, formulate a scientific and operable urban management law on the basis of summing up the experience and lessons of urban management in China and drawing lessons from the advanced legislative achievements of foreign urban management, form a cohesive legal framework covering all aspects of urban management, solve the problems of urban management authority and law enforcement norms through standardized and perfect laws, further clarify the nature, the status and responsibilities of urban management law enforcement organs at all levels, and achieve the effect of legal institutions, with clear responsibilities, consistent powers and responsibilities and well-known society. On the basis of perfecting the existing legislation of the administrative punishment law, it clearly puts forward norms and requirements for the law enforcement system, law enforcement measures, compulsory means and law enforcement procedures of urban management law enforcement organs. The second is to intensify the clean-up. Clean up and revise the existing laws, regulations and rules on urban management, eliminate and reduce legal conflicts and contradictions, strengthen legislative interpretation, and solve problems that are difficult to rely on.

2. Change the concept of urban management law enforcement.

The ultimate goal of urban management is to provide convenient services for the people. Then, the government should establish a people-oriented service concept and solve the problems encountered by the masses in social life. This is the goal that urban management law enforcement should pursue or achieve. However, the current urban management system is the product of city-centered decision-making. Driven by traditional ideas, urban management law enforcers will be placed on the opposite side from the beginning, and their thinking and behavior will be positioned on "how to punish". This kind of violent law enforcement behavior can not only solve the survival dilemma of vulnerable groups and the difficulty of law enforcement by power departments, but also lead to more and greater confrontation and conflicts in the long run. Therefore, we should change the concept of violent law enforcement into the concept of people-oriented humanized law enforcement, combine dredging and blocking, and implement humanized management. We should pay attention to and help the disadvantaged groups. For those who really belong to the disadvantaged groups, we should actively support them. We should adopt the method of giving priority to guidance and help services, supplemented by management. We should proceed from the reality of urban management, analyze and treat specific problems in detail, and consciously implement the concept of creating a harmonious society in the practice of urban management law enforcement to achieve a win-win situation of legal and social effects. Maintain social stability and create a harmonious society.

3. Improve the law enforcement methods of urban management.

At present, urban management departments mainly focus on administrative punishment, supplemented by administrative guidance, to achieve management goals. The deficiency of this single law enforcement method is increasingly prominent in the increasingly complex law enforcement environment. Therefore, we should continue to explore diversified law enforcement methods in urban management, especially flexible management methods that conform to the characteristics of modern administration, combine flexible law enforcement at the front end with severe punishment at the back end, strive to achieve civilized law enforcement by urban management law enforcement agencies, actively build an interactive mechanism between urban management departments and the public, mobilize the public's enthusiasm for participating in urban management, especially mobilize the participation of stakeholders and relative people, and strive to solve the problems of difficult evidence collection and implementation in practice. Give full play to the spirit of community autonomy and encourage communities to carry out useful attempts to solve the problem of vendor governance. So as to ensure the "fairness, justice and openness" of the law enforcement process, make the law enforcement process more transparent and standardize the law enforcement procedures, thus improving the people's satisfaction with the law enforcement effect and enhancing the credibility of urban management law enforcement.

Law enforcement methods should be combined with blocking and sparse. As a compulsory means, urban management is not only necessary, but also a regular or unrelenting law enforcement task. For example, illegal morning and night markets that disturb the people, occupy roads and affect traffic, peddle tourists, and illegally paste graffiti advertisements. , we must strictly control and strengthen the "blocking" efforts, otherwise, driven by the maximization of self-interest behavior, the actor will slide to the side that harms social morality through the most convenient and lowest-cost profit-making method. In the actual law enforcement of urban management supervision, some prohibited offenders make pathetic gestures to win the sympathy of passers-by, which makes some citizens have the illusion that law enforcement personnel are "uncivilized" in law enforcement; There are also some citizens who are resistant to banning illegal morning and night markets, which increases the difficulty of law enforcement management. For law enforcement that should implement compulsory measures, law enforcement officers should be confident and fair in law enforcement, otherwise they will be dereliction of duty.

However, urban management law enforcement involves the survival of those who violate the law. Many street stalls, barbecues and illegal structures are the direct economic sources for laid-off workers and migrant workers to maintain their lives. With the differentiation of interests and the continuous emergence and development of interest groups, the increasing trend of laid-off workers and surplus labor force population will inevitably bring great pressure to urban management. Therefore, urban management law enforcement should also pay attention to and attach importance to the interests of those free-flowing groups, integrate restricting power with safeguarding the legitimate interests of the people, and implement the combination of blocking and dredging. If you modify your retreat and enter the room, there must be a room to enter; You must always plan the site, have parking places, and correct the littering of vehicles; When you ban mobile vendors, you must always provide a trading booth for those who make a living here, and so on. You can't just "block" but not "sparse".

4. Improve the quality of urban management law enforcement personnel. ?

Urban management administrative law enforcement departments must attach great importance to team building and improve the quality of administrative law enforcement personnel in order to adapt to the severe challenge of urban management law enforcement in the new situation. First of all, it is necessary to strengthen personnel management, strictly control personnel access, openly recruit law enforcement personnel, especially those with legal expertise, in strict accordance with the standards and procedures for staff recruitment, and gradually improve the overall legal quality of the urban management law enforcement team; Secondly, it is necessary to strictly examine and evaluate the system, not only to establish a sound evaluation system within law enforcement agencies, but also to establish a sound social evaluation system, so that citizens can participate in the supervision of law enforcement behavior of law enforcement personnel, thus improving the quality of law enforcement personnel; Third, strengthen ideological education, through the ideological and moral education of urban management law enforcement personnel, establish a law enforcement team that knows the law and respects civilization and courtesy, and provide truly high-quality civilized services. ? 5. Raise public awareness of civilization.

The understanding, participation and support of the masses is an important factor to improve the level of urban management. In urban management, efforts should be made to solve the contradiction between the rural living habits of citizens and the high requirements of urban management, and efforts should be made to improve the urban awareness of the broad masses. First, we must strengthen publicity and education. Second, we must rely on institutional constraints. Third, we should make concerted efforts.

The urban management supervision team plays the role of a civilized messenger. Only when urban management law enforcement officers have established absolute authority and complete belief in the law with the Constitution as the core, have an inherent and conscious concept of the rule of law, and create a good social environment through their own exemplary role, can the efficiency of urban management law enforcement be effectively improved and the civilized law enforcement be ensured.

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