A Research On The Legalization Of Administrative Action Of Non-enforcement In Urban Governance

While the city economy and process of urbanization develops rapidly and suburbanites attracted by the city, the urban population sharp grow and increase pressure to urban governance. Finally, administrative law enforcement of urban management arises at the historic moment. After nearly two decades of efforts, the administrative law enforcement of urban management plays an important role in promoting the city’s comprehensive management and cultivating the concept of law government. However, social masses have grievances about the administrative law enforcement of urban management and even some people claim to cancel the urban management enforcement while it has achieved a lot of success. The emergence of the voice is rooted in the sharp contradictions between the order of urban development and people’s demands for living rights and the direct cause of contradictions is that the administrators of the city is too rude in the urban management. All this severely damage the government’s public image and hinder the advance of the socialist rule of law. Therefore, the urban management needs reform while forced by practical difficulties. To ease the contradiction between the order of urban development and people’s demands for living rights and guide other party to participate the urban order and promote the development of urban economy and construction, the authorities should improve their way of law enforcement and be good at using harmonious and democratic way.The first part of the article is about the basic meaning of administrative action of non-enforcement. First of all, related basis should be presented to justify its validity. Secondly, some basic ways of administrative action of non-enforcement should be presented too. Thirdly, the difference between the administrative action of non-enforcement and the administrative action of enforcement should also be presented. Finally, the way of non-enforcement conducive to reflect our social rights of people-oriented law idea and it cause less damage to relative people’s interests while compared with a peremptory way of law enforcement. It can guide people to maintain order in opposite behavior and reduce the pressure on law enforcement and improve the efficiency of law enforcement while reflecting the principle of proportionality and effectiveness principles of administrative law. On the other hand, authorities of city urban management are important force to participate in building a socialist harmonious society and the use of non-mandatory enforcement approach is conducive to improve their image. Besides, the use of non-mandatory enforcement approach also help to obtaine trust of the masses and promote the building of a socialist harmonious society.The second portion of the article discusses the form of administrative action of non-enforcement in the urban management. It includes administrative guidance and administrative incentives and administrative contracts and administrative mediation. There are five main forms of administrative guidance including enforcement matters prompt system and minor issue cautions and a typical case of disclosure system and outstanding problems met and serious cases a return visit. Administrative rewards consist of internal rewards and external rewards and it consist of spiritual rewards and material rewards furthermore. Administrative contract has four main types and they are contract about street auxiliary management services and contract about charge management outsourcing and contract about digital urban management information outsourcing and outsourcing contract about relocation management. Administrative mediation consist of the mediation between urban management authorities and relative people and the mediation between relative people while urban management authorities play as an intermediary.The third part discusses new problems in the practice of administrative action of non-enforcement. Firstly, the subject of law enforcement lack of related notions about non-enforcement and used to using violence to solve problems. Secondly, their behavior is not yet well standardized and there are some injustices in urban management. Thirdly, it less robust error correction mechanism and the strength of relief is too small. Fourthly, the lack of democratic consultation change administrative action of non-enforcement into a power behavior.The fourth part of the article is to explore the path of non-mandatory enforcement of city management and put forward constructive suggestions for law enforcement practices. We should improve the level of awareness about the city management of non-mandatory acts and perfect relief system and program system and accountability system to improve the urban management of non-mandatory law enforcement.