Research On Regulations On Operation Right Of Mobile Vendors

Thousands of years have witnessed the prosperity of vendors. With the change of time and the development of the society, more and more attention is drawn to the phenomenon of mobile vendors. However, the focus is concentrated on how to manage and govern them. The phenomenon indeed is a kind of problem, but tremendous examples of failure in urban administration well illustrate the vain efforts of simply cleaning street trading and worse, intensify the conflicts between administrative department and mobile vendors. It is necessary to explore the operation behaviors of mobile vendors from the perspectives of Constitution and Administrative Law, in order to figure out the street trading problem and alleviate conflicts. Adopting normative research, comparison research, and empirical research, the paper discusses the rationality and legality of vendors'existence both theoretically and practically. Then the paper further proves the operation right of mobile vendors is a basic right. By analyzing the status quo of regulation and some new attempts after ban lifting, the paper proposes some thoughts to better regulate operation rights of mobile vendors in our country.The dissertation is divided into six parts as follows:The first part is introduction, including research background, research significance, and literature review on the mobile vendors from the perspectives of law and economics. Given that the current researches mainly explore the topic based Administrative Law and Economic Law, the paper is regarded as an attempt to view the street vendor problem from the perspective of basic rights as a term in Constitutions. At last this part also introduces the research framework and research methods.The second part covers two chapters. The first chapter defines the concept and attributes of "mobile vendors" both descriptively and normatively, and explores the rationality of the existence of mobile vendors from theoretical basis as well as practical need. The second chapter further studies the nature of vendors'operation right. The paper points out the operation right stems from existence right, to be specific, a right of labor, which is a social and economic right. Moreover, the paper provides the further proving for that operation right of mobile vendors is a basic right failing to be listed in Constitutions.The third part is the third chapter. On the theoretical basis that economic freedom should be well regulated, the chapter discusses the necessity to regulate operation right of mobile vendors, considering its impacts on market order, commodity order, environmental order, public space, and food safety.The fourth part is the fourth chapter. This part mainly focuses on the problems in vendor regulation practice, such as wrong definition of mobile vendors, misleading management ideas, high legal operation costs, and lacking speaking right and so on. By analyzing the in-depth reasons underlying those problems and combining some new efforts and attempts after ban lifting, the chapter analyzes the status quo of the current management modes and the feasibility and limitation of those new attempts.The fifth part is the fifth chapter. Other countries and regions are also faced with those challenging tasks in urban administration; therefore, the paper adopts comparison approach. On the basis of a brief introduction of the settlement approaches and major features of urban administrative work in India, New York, and Hong Kong, the paper goes on to further analysis of the deeply-rooted regulatory idea and specific measures in these places. Thanks to the lessons drawn from those attempts, the paper builds a regulatory structure on mobile vendors, featuring permission foundation, centralizing vendors'autonomy, guaranteed by government service, and complemented by committee residents. Besides, it is believed that to figure out the problem of mobile vendors is crucial to the improvement of social insurance system.The sixth part is the conclusion, which draws a brief summary of the whole paper. The contribution of the paper mainly lies in three aspects:firstly, to learn from exchanging economics; secondly, to explore the phenomenon of mobile vendors from Constitution rights; thirdly, to propose the view that the basic purpose of regulation is to better protect their existence right and operation freedom instead of "governance" At last, the paper sheds some light on the future research.