Research On Urban Management Law Enforcement Power At The Grass-roots Level Configuration And Countermeasure

In the twenty-first Century,China's urban development has entered a new period of rapid development.The public is increasingly demanding for urban management.The legitimacy of urban management law enforcement,the fairness and justice of discretion,the restriction and supervision of power are facing new challenges.Throughout the country,urban and rural law enforcement has been carried out reform and practice.However,there is always lack of top-level design and related theoretical support,which brings great difficulties to urban management and law enforcement at the grassroots level.This paper aims to analyze the power sources and distribution problems of urban administrative law enforcement in grassroots governance by explaining the power subject,power list and discretion of urban administrative law enforcement.In this paper,we have selected urban management law enforcement in Fengxian District of Shanghai as the object of study,conducted theoretical and case studies on the reform process of the allocation of power in urban management law enforcement at the grassroots level in China,and intuitively understood the difficulties faced by grass-roots urban management law enforcement in the setting up of power institutions,the transmission of power operations,and the supervision of power distribution.Thispaper discusses the power allocation between the central government,the local government and the market.At present,urban management law enforcement has undergone several rounds of reforms,but it still faces several major problems.First,there are imperfect legislation,the level of legislation is not high,and administrative law enforcement often relies on administrative authorization rather than legal authorization,resulting in outstanding governance.The parties have doubts about the legitimacy of the power of the city management law enforcement,and the allocation of the power of the city management law enforcement has not been legally confirmed and confirmed;Second,the organization of power is not perfect.In the wave of reform of the "management service",the specific model of decentralization and the scope of delegated power of urban management and law enforcement lacks top-level design,resulting in the return of the qualifications of law enforcement subjects to the model of fragmentation,and presenting the non-specialization of the qualifications of power subjects.In administrative litigation cases in which the township people's government is the main body of law enforcement,the losing rate has skyrocketed;Third,the separation of powers is not perfect.On the one hand,on the basis of a clear list of powers,through administrative authorizations or administrative orders,sometimes even in the form of agreements,the city's law enforcement agencies temporarily exercise non-statutory or functional administrative powers at specific stages.In order to complete the administrative purpose of the government at the same level or the higher department;On the one hand,in the face of the complexity or new problems of urban management that have arisen in the course of urban development,we have not solved the problem through legal perfection or the redistribution of power,but rather through comprehensive law enforcement and joint law enforcement.Solving practical problems in a power integration manner.Although it shows results,it has blurred the power boundaries of various functional departments,resulting in a single administrative law enforcement power that can no longer solve problems on more occasions;In addition,the problem that the legislative hierarchy is not high and leads to the discretionary power of the power organs and the relative administrative relief power is one of the root causes of the current criticism of urban managementlaw enforcement.Too much secrecy in the qualifications of law enforcement subjects leads to the exercise of their respective powers in terms of discretion and the first administrative relief by the parties concerned,and in areas under the jurisdiction of individual law enforcement subjects,the subjects of law enforcement may guarantee their discretion and the fairness and fairness of administrative relief.However,in the administrative division of the higher level,it shows that there is an imbalance in the exercise of discretion and the interests of the parties 'relief are damaged.Therefore,this paper tries to analyze these difficulties and their causes of the current grassroots urban management law enforcement.In seeking the support of the rule of law governance theory and the enlightenment of foreign experience,this paper explores the difficulties of power management,organization and decentralization in the allocation of power of urban management at the grassroots level,and tries to solve these difficulties from three aspects.First,it is necessary to trace the power of urban management law enforcement so as to realize the transformation of urban management law enforcement from "borrowing law" to "legislation".Second,it is necessary to rationalize the power relationship between the urban administrative departments and the people's governments at the grassroots level through the vertical distribution of the power of the city's law enforcement.Third,through the vision of the rule of law in urban management and law enforcement,it is necessary to clearly define its position in grassroots governance and deal with the relationship between administrative law enforcement power and market and social rights.This paper tries to improve these three aspects in order to provide a theoretical reference for optimizing the power allocation of urban management law enforcement at the grassroots level and further improving and improving the construction of urban management law enforcement in China.