A Study On The Legitimacy Of Urban Management Law Enforcement System

Urban management law enforcement means Urban management authorities that exercise their right to administer penalties in the field of urban management and such law enforcement falls into the category of administrative enforcement of law.The system of Urban management law enforcement has come into existence for more than 10 years. Indeed, it has made enormous contribution to China's city management and greatly improved city appearance and environmental quality. But at the same time, there have been repeated criticism of them using excessive force. Because of the fact that members with the urban management agencies have been involved in high-profile cases that highlighted public discontent towards a perceived abuse of power by them. The legality of Urban management law enforcement has been questioned.The legal standing of urban management law enforcement has not been fully established by law. Its only source lies in the article 16 of Administrative Punishment Law of the People's Republic of China, which provides that The State Council or provincial, autonomous regional and municipal people's governments authorized by the State Council may designate an administrative organ to exercise the right of administrative punishment of relevant administrative organs, but the right of administrative punishment that restricts personal freedom can be exercised only by public security organs. Lacking legal authorization puts urban management agency in a dilema. On one hand, enforcement counterparts do not trust them; on the other hand, other law enforcement agencies do not recognize their legal standing.The fundamental reason why urban management law enforcement has been repeatedly questioned lies in whether such agency has legal standing to administer penalties. Therefore, this paper tries to analyse the legality of urban management law enforcement system in a administrative law context.Besides introduction and epilogue,this paper is composed of 3 parts. The introduction gives an brief analysis of the concepts of urban management law enforcement system.Part 1 analyses why urban management law enforcement system has been questioned.Part 2 analyses the legality of urban management law enforcement by detailing the urban management law agency and urban management law enforcement members.Part 3 puts forwards proposals on the basis of the above analysis. To put it in a simple way, the legal standing of urban management law enforcement agency should be explicitly provided by legislation.