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The Cooperation Logic In Urban Management Enforcement

Posted on:2011-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2166360305982328Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the acceleration of urbanization, how to manage cities, how to keep the city in order and good appearance and how to create a comfortable living condition for citizens have gradually become urban managers'problems demanding urgent solutions. The system of urban management enforcement is a revolution to traditional and duplicate law enforcement system in China, and it creates a new law enforcement system which regards comprehensive law enforcement as the basic feature. In the background of social transformation, the system has some features, such as a wide range of management, more power for law enforcement, different persons involved in, high sensitivity, outstanding conflicts and so on. These thorny issues make urban management enforcement in great contradiction between the exercise of public authority and the existence of disadvantaged groups in the order of urban management, and lie on the cusp of public opinions. So, urban management enforcement not only becomes a popular topic of hot discussion, but also a focus of media attention.In 2008, Su'an Urban Management Enforcement Bureau carried out a massive campaign of car-washing shop's renovation in the context of building a nationally advanced clean city. Whether on the Station Road in urban core or the Qin Tang Road in urban growth area, owners of car-washing shops and the urban management enforcement officers unanimously adopt a "cooperative" attitude in law enforcement no matter in legal cases or unable to meet standard conditions setting by car-washing shop. The discretion in law enforcement and "Eriksson hypothesis" are able to explain the logic of cooperation under the legal status and the information asymmetry in "to punish the escrow" and the philosophy "to live and let live" can dialyzes the cooperation logic in illegal conditions. In both sets of cooperative action, deficiencies in Urban Management Council are the prerequisite of promoting cooperation, relationships is the basic factors that inevitably occur to promote cooperation in close-knit society, and Co-operation is a rational person's essentially the inevitable choice under the repeated game. However, in this process of cooperation, national order of urban management has been cleared up, so orderly urban management needs to conduct a reasonable construction of improving the basis of urban management and law enforcement, "Burden reduction" for urban management enforcement, balancing law and common sense.At present, the academic research on urban management enforcement issues is in favor of grand narrative at theoretical level or the specific operation at practical level, but lacks "profound descriptions" for specific law enforcement actions. Thus it is difficult to discover the real problem in the process of urban management enforcement. If people take such a narrative method --- "narrative might meticulous, but the conclusion has to look for the future not the moment" to deeply describe the two sets of vehicle cleaning in administration and enforcement process, they may tease out the cooperation logic between urban management law enforcement officers and car-washing shop owners. The profound description of Sociology of Law and Legal Anthropology and game analysis on the Law and Economics can not only provide incremental knowledge in deep level, but also offer a reference for enacting laws and regulations for urban management enforcement system. If the research needs to"look for the future not the moment", the conclusion could provide a more delicate and deeper thinking for the balance between national orders and public interests in the process of urban management.
Keywords/Search Tags:urban management enforcement, cooperation logic, repeated games, order construction
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