The Governance Dilemma Of Mobile Street Vendor And The Way Out Of Legalization From The Perspective Of Space Justice

The governance of mobile street vendor has always been a difficult problem in modern urban social governance.Although the theoretical and practical circles are constantly exploring effective governance strategies,there are still frequent reports of vicious incidents in the process of street vendor governance,and this problem has never been effectively solved.By analyzing the current situation of the governance of mobile street vendor and related governance theories,this paper believes that the current predicament of governance of mobile street vendor is multiple.In addition to some specific problems in the practice of the rule of law,at the theoretical level,the current theoretical paradigm for research on the governance of mobile street vendor also has limitations.For example,in the previous studies on the management theory of mobile street vendors,most of them focused on the filling and amendment of relevant laws and policies.Such pure analysis of legal norms is difficult to deal with the deep-seated governance problems;and the theoretical system of "co-governance" as a mainstream analysis tool has the problem of obscuring the conflicting interests between subjects,and cannot Make accurate judgments on urban social governance under the socialist market economic system with Chinese characteristics.This paper also notices that in the existing theories,the Marxist ideological method is not used in practice in the study of the rule of law by street vendors,and its guiding position needs to be consolidated.For this reason,this paper attempts to observe the governance of mobile street vendor by using a new research perspective—the theory of spatial justice.Using it as an analytical tool,it points out the phenomenon of spatial injustice in the governance of mobile street vendor,excavates the root of its existence,and further This paper discusses the legal optimization countermeasures for the realization of spatial justice in the governance of mobile street vendor.On the basis of systematically explaining the theoretical background,theoretical connotation and relevant important discourses of the theory of spatial justice,this paper demonstrates the legitimacy of the mobile street vendor seeking "spatial justice" from the value dimension,normative dimension and practical dimension.There are two paths to achieve spatial justice: the realization of residents’ urban rights and the construction of social difference space.These two paths complement each other: the realization of the urban rights of the spatial subject must point to the formation of the space of difference;In the process of building the space of difference,it is necessary to implement the urban rights of the public."Urban rights" can be interpreted as the right of spatial subject identity to be recognized and played a role in spatial production;the right of spatial subject to actually participate in urban planning and the fair distribution of spatial subject’s social rights in urban space.In other words,"spatial justice" requires urban society to reflect fairness and justice in spatial planning,spatial production,and spatial distribution.From the perspective of "space justice",it can be found that the injustice of the current governance of mobile street vendors is reflected in the following aspects: in terms of spatial planning,urban space is increasingly homogenous and isolated.It is difficult for mobile vendors and the "hustle and bustle of the secular life" culture they represent to be integrated into modern urban civilization.In space production,power and capital directly or indirectly intervene and deprive the operating space of mobile street vendors.In terms of spatial distribution,the spatial rights of mobile street vendors and their related governing subjects are fuzzy and unstable.To investigate the root of the rule of law and seek the path of rule of law optimization,this paper argues that: in the field of urban planning,relevant procedures and regulations can be further improved to implement the participation right of ordinary people represented by mobile street vendors in spatial planning,and to seek the planning justice of urban space;In the field of economic management,the legal identity of mobile street vendors entering the market is given,so that the identity of business subject is clearly defined by law,so as to build a balanced spatial production pattern and realize the production justice of urban space.In the field of stallholder supervision,effective stallholder governance order should be reconstructed to implement the distribution justice of space rights.