Research On The Harm, Causes And Solutions Of Violent Law Enforcement In Our Governments' City Management

Enforcing the law by the administration organ is the important component of administration work. Several years ago, our government put forward an aim "There must be laws to go by, the laws must be observed, the laws must be strictly enforced, and law-breakers must be prosecuted". It is a guiding principle for our jury practice, having shown a clear way for our country's legal system building, having accelerated the course of our country's legal system building. But nowadays in China, during the course of Chinese administrative law enforcement, a lot of contradictions appear; some are quite fierce, especially in the field of city management. The violent conflicts between the law-executors and the peddlers have frequently occurred, violent law-enforcement has happened repeatedly, which gravely deviated from the target of constructing harmonious society, and endangered the stability of society, the relationship between cadres and the masses, destroyed general situation of reform, development and stability, then affected the image of our Party and government in the people's mind. This article made a systematic and deep survey on the phenomenon of violent law enforcement in the city management by using some basic theories and methods of Administration and Jurisprudence, tried to find out the causes and results of violent law-enforcement, then explored and discussed some solutions to the problem.This article is divided into three parts except the introduction:Part I: The concept and harm of violent law-enforcement in city management. In this part, the author first made a clear definition about the violent law-enforcement, then analyzed the serious results and harms caused by violent law-enforcement, that is, bringing violence for violence; mere and more violent law-resistance; numerous bleeding conflicts; higher and higher cost of law-enforcement; challenges on the authority of laws; more and more contradictions; obstructing the development of society harmoniously and stably, etc.Part II: The main causes of violent law-enforcement in city management. This part mainly analyzed five causes of violent law-enforcement in city management: low quality of some law-executives; unreasonable checking and evaluating systems in the city management aims; Lower "special privilege" mentality of one-way authority order; lack of strict supervision and restriction; the defection of system, etc.Part III: Discussion about the solutions of reducing and preventing violent law-enforcement in city management. This part mainly talked about the solutions of reducing and preventing violent law-enforcement in city management, including changing the concept of city management, instantly, establishing the human-oriented notion and notion of harmonious law-enforcement in city management; promoting the quality of law-executives; perfecting the laws and systems of city management, instantly, perfecting the law-making of city management, strengthening the supervision of law-enforcement in city management; building and perfecting the system of responsibility for law enforcement investigation; reforming the system of law-enforcement in city management; innovating the ways of city management; strengthening the communication between city-executives and peddlers; sharpening the propaganda and education, connecting the way of governing the city by law with the way of governing the city by moral; cultivating peddlers' self-governance organizations, etc.Innovation of this thesis mainly manifests four aspects: First, from the viewpoint of neo-public administration, the author explores the ways to solve the problem of violent law-enforcement in city management; Second, the author puts forward a series of reform tactics and supporting measures, such as "people-oriented, government-leading, democratic participation, strengthening supervision, practicable responsibility, sharpening propaganda", makes every effort to resolve the practical problems; Third, the author introduces "the Theory of balanced-development" into the field of law-enforcement in city management, attempts to find out the best joint of government power, social organizations and peddlers' self-governance organizations; Fourth, the ways of law-enforcement change from unilateral commanding, administrative compulsion to instruction, bilateral consultation, co-operation and administrative contract; the relationship between government and people changes from rigid "management and being managed" "commanding and obedience" to flexible, democratic "co-ordination and co-operation", building a happy and harmonious society together.