The Research About The Protection Of Vendors’ Legitimate Rights And Interests From The Urban Management Exercise Law Enforcement

The urban management personnel, as we all know Chengguan, always gives tit fortat with street vendors. In most cases, the street vendors always are chased by the urbanmanagement offices during management and administration. Besides, their lawenforcement in violence is commonly seen in newspapers, so the public havecondemnations of the urban management personnel. However, the author thinks that thetwo groups seemingly incompatible, could stay together peacefully in soundmanagement system and civilized law enforcement environment.This paper is divided into five chapters to elaborate. The first chapter studies the deepexisting rationality of street vendors and the necessity of solving conflicts between theurban management personnel and vendors. It will be analyzed mainly from the Chineseand foreign philosophy principles, the CPC (Communist Party of China) and state legalpolicies, and human rights views. The second chapter basically from the concept,classification and rights to defined. In the third chapter mainly analysis the relevantlaws on the regulation of urban management law enforcement.The forth chapter tries toanalyze the causes of conflicts between urban management offices and vendors,concerning the source of power of urban management Administrative punishment right,and the limitation of administrative compulsive power to the urban managementdepartment, as well as existing problems in the urban management law enforcement. Inthe fifth chapter focuses on the urban management personnel how to both performduties and protect legal rights of vendors in the work. It first introduces the domesticand foreign advanced experience, with analyzing the management mode of New York,South Korea and Taiwan area, China, and then puts forward her own solution proposalsas following from several views:1. Adhere to the concepts of administrative law, such as the people-oriented,administration according to law, and combination education with punishment;2. Admit the existence legality of the vendors, and correctly guide its developmenton the basis;3. Play the positive role of the government, improve the social security system,broaden the employment ways, and transform flow management to the designated management;4. Discuss legal solutions mainly from the legislation, enforcement and legalsupervision level.The author attempts to analyze the relationships between the urban managementpersonnel and street vendors, and causes leading to their opposition, to sum up theblemish and inadequacy of China’s relevant departments in this work. Putting forwardher own suggestions, the author hopes that find out alleviate the solutions of theirconflict through this research, and improve the urban management departmentmanagement level, thereby protect the legitimate rights and interests of street vendors.