On The City Management To Build Comprehensive System Of Administrative Law Enforcement

In the State Council promulgated the regulations, which have both "the relative concentration of administrative punishment power" has "a comprehensive administrative and law enforcement," as a basis for the concept of local laws and regulations have also shown the use of chaotic situations. Integrated administrative law enforcement, refers to the administrative enforcement process, when the administrative matters of the administrative body vested by unknown or need to adjust the functions of the management of cross-state relations, the transfer of certain powers by the relevant agencies, and the formation of a new and independent legal status enforcement of the main body of the matters dealt with law enforcement activities. Thus, the concept of an integrated administrative and law enforcement should be much higher than the relative concentration of the right of administrative punishment should be much broader concept of extension. Accordingly, urban management should be included in comprehensive administrative law enforcement the right to administrative penalties, administrative enforcement investigative powers and executive power.Developed countries, urban management system and our country has a great difference, but they are some of the specific approach is very worthy of us to learn from and draw on. On the one hand, laws and regulations related to urban management and a very sound and able to do a legal basis; the other hand, urban management, punishment is much higher than China's. Developed countries and regions through research, not difficult to find that they are not designed for urban management and law enforcement teams, involving matters of law enforcement on illegal natural persons, the general implementation by the police and given a strong follow-up of the implementation of safeguards. However, the order of the German Bureau and the police are connected, that is, have the right to administrative penalties, but also have the right to an administrative investigation. China's urban management and administration of law enforcement problems in the course include: neglect urban management processes of administrative law enforcement inside the procedural law construction, urban management, administrative and law enforcement process is simple and rude, ignore the urban management of daily administrative law enforcement team building, administrative punishment rather than publicity and education.Integrated urban management in China the legal basis of administrative law enforcement is not yet perfect, China's urban management integrated administrative law enforcement there is no uniform national or local laws and regulations. The most direct legal basis for the only "PRC Administrative Punishment Law," the provisions of Article 16. China's urban management integrated administrative law enforcement is still in the "by law enforcement" state. In practice, an integrated urban management in China mainly through the executive of administrative law enforcement organs to transfer the functions of internal documents for urban management and law enforcement organizations to provide a comprehensive basis for law enforcement. Based on "Administrative Punishment Law" Article 16 of the authorization, urban management integrated administrative law enforcement a bit thin because the powers conferred by this provision only to the concentration of power of administrative penalty, but here is the administrative penalty is not necessarily the law set administrative penalty the right to administrative punishment, which it could be the next place the rules set by the broader administrative penalties. Also, an integrated urban management from the administrative law enforcement is after the implementation of this law is enacted.Comprehensive Urban Management law enforcement of administrative law enforcement can reduce costs and improve efficiency of law enforcement. Future urban management integrated administrative enforcement of laws and regulations related to the development should include the following aspects. First, the nature: benefits of administrative consequences of the invasion, the comprehensive nature of the exercise of powers, the quasi-judicial enforcement procedures. Second, comprehensive:①a high degree of specialization of administrative law enforcement activities must be done by specialized departments, while others may be appropriately implemented a comprehensive administrative and law enforcement. Most of the urban management process administrative law enforcement degree of specialization is not high, suitable for comprehensive law enforcement.②belonging to the vertical management of the administrative law enforcement activities must be done by specialized departments belonging to the local management; you can use the comprehensive law enforcement administration. Urban management, administrative and law enforcement activities are local affairs, to undertake comprehensive law enforcement.③belong to a department can be assigned to the remaining part of the responsibilities of other departments so that its implementation of the comprehensive law enforcement administration. The residual responsibilities of other departments will be transferred to city management, facilitate the adoption of comprehensive law enforcement and enhance efficiency.China's Administrative Organization Act only provides for the executive duties of the static requirements, does not require a dynamic approach to the division of responsibility between government agencies and cross-function approach. If there is no systematic scientific and rational administrative organization of the law division of the various functional departments of the authority, will inevitably lead to very large number of overlapping responsibilities. Accordingly, the Administrative Organization Act not only to establish a government administrative system in the static system, is more important is to establish a dynamic relationship between the government administrative system. At present, urban management problems mainly for the over-emphasis on the vertical closed, one-way single-minded management style, lack of horizontal linkages with each other, not fully play the role of various functional departments of the synergistic effect. Future independent integrated urban management responsibilities of the executive law enforcement agencies should include the following aspects:①to implement the relevant administrative law enforcement principles, policies, laws, regulations, rules and regulations;②organizing the implementation of the national urban areas of relatively concentrated administrative penalty trial work and integrated pilot project of administrative law enforcement;③Urban Management law enforcement work responsible for the national macro-coordination, guidance;④responsible for collecting, aggregating the work of the National Urban Management law enforcement;⑤responsible for drafting the relevant normative documents;⑥law enforcement organizations in a nationwide special rectification actions ;⑦undertake the work assigned by the Party Central Committee and the State Council.At present, urban integrated administrative enforcement of the executive authority, including two aspects: the relative concentration of the right of administrative punishment, a small amount of administrative enforcement of the right. As an integrated urban management, administrative and law enforcement agencies have less administrative enforcement power, but in practice they must be based on the needs of law enforcement to take certain coercive measures in case of lack of legal basis for the relative who is apt to cause resistance. At present, the implementation of an integrated urban management, the linkage of administrative law enforcement mechanism, that an integrated urban management, administrative law enforcement officers and public security personnel of joint action. General to implement "special consultation" approach to urban management in an integrated administrative law enforcement departments are expected to be violent anti-law cases, the prior request to send officers to assist the public security organs, focusing on the fight against violence and resisting law enforcement. In some areas the "special consultation" approaches into a relatively stable operating mechanism. Effects from the operation of the city's point of view, the way the police with a certain extent, increased the authority of the comprehensive law enforcement to curb the violent resistance to law enforcement incident. However, this practice of the police with law enforcement is only a temporary way of collaboration. In a certain period, it is effective for the technical aspects to take such measures. The proposed use of the existing patrol institutional mechanism to integrate urban management integrated administrative law enforcement team, the establishment of an integrated urban management, administrative law enforcement professional police force. Not only solve the enforcement of the law difficult problem of natural persons, but also to solve the existing problem of insufficient police presence, taking into accounts the social security problem.Strengthen the administrative enforcement of China's urban management, integrated service system building, and should focus on the following three aspects: first, get rid of power-oriented awareness, establish a service concept; second, administrative counterpart of the characteristics of the targeted implementation of the law enforcement activities; third ,efforts to improve the professional ethics standards and establish a good image of law enforcement.