Research On The Dispute In Urban Management Law Enforcement

In recent years,the temperature of the term "urban management" has not been lowered,and we often see or hear news of "the urban management beat someone".The urban management department is the administrative organization for law enforcement of urban administration.It is an important administrative subject and the product of the urbanization process.It has an important responsibility for urban governance,environmental protection and traffic maintenance.Urban management departments should have a positive public image,but the frequency of the conflict between the administrative personneleven and the administrative counterpart.The phenomenon about brutal law enforcement and violent resistance against law has caused personal injury,resulting in the adverse social impact.Urban management and law enforcement officers are the most comprehensive administrative law enforcement officers.They go deep among the masses,and law enforcement object contact the most direct,the most intuitive work,the most vivid.It has an important impact on the management of city,the authority of the government and the rule of law.The urban management department is based on the "Administrative Punishment Law" Article XVI,centralized exercise of punishment.Urban management departments from the trial of Xuanwu District,Beijing to the current nationwide promotion,an effective solution to the development of the city with a series of problems,such as environmental pollution,traffic congestion,and to a certain extent,restrained decentralization of the power line overlap,governance chaos Malpractice.Early urban management law enforcement matters included "7 + X",but "X" is very uncertain,not sealed "X" made some matters be added according to local specific circumstances,such as Yin manhole management,illegal advertising management,oil smoke noise management,additional matters are generally more difficult to manage,which other departments do not want to manage matters.I learned that some of the larger city law enforcement matters even reached more than 300 matters,such as Guangzhou,Shenzhen and other places.Complex and difficult law enforcement matters will not only affect the quality of urban management law enforcement,there will be phenomenon that repeat law enforcement or multi law enforcement.Coupled with the establishment of limited,the entire law enforcement team mixed,the quality of law enforcement officers is not high,reward and punishment mechanism is not perfect,all kinds of law enforcement in the contradictions and disputes continue to occur,the public image of urban management is very negative,and even some people think that the urban management department should be canceled.Party and government had focused on city management,the Eighth Central Committee of the Third Plenary Session and the Eighth Central Committee of the Fourth Plenary Session had stressed that straightening out the urban management system,improving law enforcement and service levels.Rationalizing the urban management system is an important part of the administrative law enforcement system reform,is conducive to administrative organs according to law,the construction of the rule of law government.Urban management has become the object of social and academic attention,analysing of conflict causes can effectively improve the sense of risk awareness of law enforcement,which is key to solve the brutal law enforcement or violence against,and ultimately promotes health and orderly development of city.Therefore,the author puts forward the proposition of the study of contradictory disputes in urban management law enforcement.This article mainly analyzes the causes of the contradictions and disputes in urban management systematically and multi-angle.I had a detailed understanding of the specific circumstances of the case,visited a number of traders,but also asked urban management law enforcement officers with relevant circumstances,combined with Singapore,South Korea,the United States and other foreign city management models,and ultimately drawed the relevant conclusions.The author also puts forward relevant measures for the current situation combined with the specific characteristics of the city management,hoping to reduce the conflict of law enforcement and provide useful help to the reform of the city management system.This paper is divided into four parts,the first part of the content is about concept urban management law enforcement,the background of the urban management departments set up and related functions.Making a summary about urban governance law enforcement disputes which depends on the concrete data.The second part lists typical cases of the urban management law disputes,including Xia Junfeng case and Yan'an urban management law enforcement incident.From the angle of law enforcement subjects and the relative person and so on,the author analyzes the reasons and the process of the case,and draws a conclusion for the following reasons.The third part analyzes the causes of the contradictions and disputes in urban management and law enforcement,the city governance mode is simple,responsibility and authority is not clear,legal basis and procedural issues,the quality of law enforcement officers is not high,the reasons for law enforcement space,the reasons for administrative counterparts.The fourth part puts forward some suggestions,including flexible law enforcement and the city management concept.At the same time put forward a specific action strategy to reduce the urban management line conflicts that the conventional law enforcement focus on administrative guidance.Jointing law enforcement,taking advantage of law enforcement,law enforcement retreat in particular cases.