The Application Of The Principle Of Proportionality In China’s Urban Management And Law Enforcement

As China’s economic and social development and urbanization gradually accelerate, urban management challenges facing the growing, caused by social problems are becoming increasingly complex. The one hand, more and more number of mobile vendors, facing increasing pressure to survive, always staged violence or cat and mouse war between the other hand, urban management and law enforcement officers and street vendors in urban management department is facing an unprecedented pressure,"urban management" approach to management and management tools have also been widely questioned. The right to life of the street vendors, of police officers enforcement powers, the city’s public order and appearance and environmental conflicts intensify, gradually seems to become more and more irreconcilable. How to find the proper balance to balance the relationship between each other, to achieve the purpose and value of the establishment of urban management? We propose the use of the principle of proportionality to urban management, the use of purpose-means-the purpose of the method to guide the practice of law enforcement, to resolve the current plight of the urban management and law enforcement.In addition to the introduction and conclusion, this article is divided into five parts.The first part introduces the principle of proportionality origin, concept and content, to show what is known as the principle of proportionality of administrative law provisions imperial historical origins and its rich content and its relationship to its various sub-principles were elaborated and analyzed itemized This policy is to limit the executive power, maintain fairness and justice, protection of individual rights and interests of substantial value for the depth below the foundation.By the second part of our current situation and the challenges of urban management and law enforcement analysis, through the foreign city management methods and means of investigation, pointed out in our current urban management in the necessity of introducing the principle of proportionality. The third part of the city inspectors cited the cases of violence against the law and its thinking, the principle of the proper law enforcement in our city management application for the relevant analysis, the establishment of urban management department of the original intention and purpose of a real discussed, and first of all to change the original purpose of urban management and error concept for the realization of urban order and protect civil liberties urban management purposes to improve and standardize law enforcement.Part IV lists the Zhengzhou urban beat, enraged masses lift car and the Hong Kong case of mobile vendors in a regional management education, probation play an important role in their respective cases and thinking of the case presented and weakened without violating the premise of urban management effectiveness, by contrast should be many ways to achieve legal purposes should select the most moderate of the relative equity or equity against violations of the smallest and lightest of ways and means, and urban management and law enforcement discretion means to regulate issues were discussed.Section V lists the cases of demolition on urban violence and Thoughts. Pointed out that the principle of proportionality contains two narrow content, namely the protection of the public interest and the private interest of the protection of the right to be formed between the ratio of the negative effects of measures and measures should be reached between the purpose of the right ratio. Pointed out that the principle of proportionality lies between ends and means through considerations, taking into account national, social and public interests, and without prejudice to the rights of third parties, under the premise of public interest and to minimize the conflict between civil rights, in the realization of the city order should also be to protect civil liberties interests, ensuring the realization of basic human rights.