Legal Analysis On The Case Of Shanghai"Fishing-style" Administrative Law Enforcement

Urban Administration and is a matter of law enforcement system, the concept of law enforcement, law enforcement procedures, and law enforcement environment, the multidimensional aspects of a comprehensive systems engineering. Since1997, China’s Urban Administration has carried out10years of active exploration, and has accumulated rich experience, but also made considerable achievements. However, because there is no single perfect management system, resulting in regions act independently according to the actual situation and a wide variety of management methods, the problems are endless."Fishing enforcement cases in Shanghai as the starting point for analysis of Urban Administration, reflect the common problems in China’s Urban Administration, and put forward concrete measures.Shanghai "Fishing-style"administrative law enforcement cases to analyze the Urban Administration, according to the Administrative Law theoretical knowledge," fishing law enforcement "is legitimate, whether it is reasonable, is a violation of trust to protect the principle of the theoryDiscrimination, come to the " Fishing-style"administrative law enforcement is illegal, unreasonable, abuse of power and its sources of evidence of illegal. Secondly, according to the problems of "fishing law enforcement leads to the cause of these problems deeper reasons for China’s Urban Administration. This article to analyze the following five aspects:first, the management system. Second, the administrative law enforcement based on non-standard. Third, the lack of administrative law enforcement supervision mechanism. Fourth, the administrative law enforcement concept behind the ineffective protection. Fifth, poor law enforcement environment. Finally, the causes of the problem, put forward specific measures to improve urban management administrative enforcement:first, to improve the management structure in the institutional configuration and power settings. Second, the improvement of legislation to avoid the basis of conflict of laws regulating the administrative law enforcement. Third, improve the supervision and enforcement mechanisms. Fourth, changing the outdated concept of administrative law enforcement, law enforcement funding and equipment to provide effective protection. Fifth, the optimization of the law enforcement environment.