The Frequency Logic And The Way To Resolve The Conflict Between Urban Management And Administrative Counterpart

Urban management law enforcement conflict is between law enforcement officers and administrative counterpart during the law enforcement.In recent years,the frequency of conflicts,the various forms of confrontation and he difficulty of processing have already attract the sight of public.It is better to analyze the representative conflicts cases over the past five years when paper based on the theory of social conflicts,power and rights theory as the analysis tool,using case analysis methods,interview and comparative analysis.The logic behind the conflict between urban management and administrative counterpart is the expansion of administrative power,which is an obstacle to the administrative system.First,problem comes from the urban management enforcement system.The allocation and operation of the power.Horizontal communication,and vertical convergence weakness makes the allocation of power unscientific.The administrative enforcement power,administrative right of inspection,technical constraints,and approval management right shunt misconduct.The abuse of discretion that law enforcement power is not standardized.What's more,the law enforcement is not free to expand the standard that making the operation of power rough.Second,problem comes from the management system.Namely,human,financial,material management.Law enforcement personnel allocation is not reasonable,preparation of tension,training is not in place the urban management law enforcement team construction.Low Wages,the lack of funding for training,law enforcement inspectors to profit that make performance poor.Third,the problem comes from the supervision of urban management law enforcement system that is the internal and external supervision.The administrative law enforcement responsibility is not perfect.The administrative law enforcement supervision procedures are not standardized in the internal supervision of a mere formality.The right logic,which hide the urban management law enforcement conflict,is manifested as an obstacle to the realization of public rights.Including personal property rights,the right to know,the right to speak and the right to hearing.In the judicial relief,social relieforganizations lack of time-consuming and petition relief in the case of weak,which means the public rights channel is confronted with many obstacles.On the one hand,the right relief to maintain the legitimate rights of the victims is difficult.On the other hand,participation in participating in a limited range are also difficult to realize because of the low lightness of public participation rights.With the expansion of administrative power,public rights become awareness.But the realization of the rights met many difficult circumstances.When it encountered law enforcement,the public can not smoothly reflect their aspirations and protect their rights.So,this closed loop “ law enforcement — resistance — conflicts” is formed.So,Strengthen legislation,improve the urban management system,protect civil rights and promote public participation is a viable path.