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How Can The City Management Get Out Of The Predicaments

Posted on:2015-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2296330422989365Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the field of urban management, our country practises the system of relativelycentralized administrative punishment, The subject of the comprehensiveadministrative enforcement conducts the law enforcement behavior. However, as thereform of the administrative system, the comprehensive administrative enforcementis being questioned both by the theory and practice. To some extent, these questionsand interrogations influence the authority and credibility of urban management’s lawenforcement. Coupled with the urban management is frequently encountered violentresistance in the process of law enforcement and that public opinion one-sided trendto the mobile vendors as their vulnerable status. All of these bring about the lawenforcement of the urban management in difficulty at the present stage. Someonesuggests that the urban management could turn into the policeman. Maybe, as thelaw enforcement is conducted by the police, there indeed exists the possibility thatthe authority of the urban management will be strengthened and that thephenomenon of violent resistance would be reduced. But the suggesters do not findout the the deeper motives of mobile vendors’ violent resistance. As the conflictsbetween the mobile vendors’s human rights and the public interests. The article trysto analyze both the internal and the external causes, then puts forward that to protectthe mobile vendors’s human rights is the fundamental method and to enhance thecredibility of the urban management enforcement is the key measure. Hoping thatthe urban management may get out of the predicaments through the application ofthe two guiding measures, and also to ease the conflicts between urban managementand vendors. This paper argues that to make the mobile vendors obey the lawenforcement, we should enact a conscientious law that reflects the interests ofmobile vendors rather than force them obedient by the coercive power of police. Asto the legislation of the comprehensive administrative enforcement, I don’trecommend to formulate unified laws or regulations in terms of comprehensiveadministrative enforcement, because there still lots of unresolved issues both in thetheory and practice level and still not enough deeper in the study. However we canlead the central unified legislation start with the system of relatively centralizedadministrative punishment as it tend to be more and more mature both on the theoryand practice. As a result, we can restrict the urban management’s law enforcement behavior at the same time that it would be more authoritative and more fiduciary.What’s more, the legislative process of comprehensive administrative enforcementalso will gradually be carried forward.
Keywords/Search Tags:urban management law enforcement, predicament, mobile vendors, human rights
PDF Full Text Request
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