1. China local law enforcers are often involved in some public conflicts in the process of performing their duties. -Time magazine
2. The main task is to drive away unlicensed vendors and check all kinds of licenses. -"Indian media"
3. Some employees who deal with minor crimes and chaos. The guardian
4. A police force. -The Daily Telegraph
The main responsibilities of urban management law enforcement are:
1. Implement the laws, regulations and rules of the state and this Municipality on urban management, and manage and maintain the urban management order.
2, organize the drafting of local laws and regulations of the city's comprehensive administrative law enforcement, study and put forward opinions and measures to improve the city's comprehensive administrative law enforcement system.
3, responsible for the city's urban management supervision and administrative law enforcement guidance, overall coordination and organization and scheduling.
4, responsible for the supervision and assessment of the city's urban management and supervision of administrative law enforcement team.
5, responsible for the city's municipal facilities, urban public utilities, urban water saving and parking lot management in the professional administrative law enforcement work; Responsible for the investigation and handling of major cases assigned by leaders across regions in the administrative law enforcement of urban management and supervision teams. 6, responsible for the city's urban management and supervision of administrative law enforcement system of organization construction, style construction, team building and honest and diligent construction.
7. To undertake other tasks assigned by the Municipal Administration Committee.
Question 2: What are the contents of urban management law enforcement?
At present, the comprehensive administrative law enforcement organs of urban management concentrate on exercising the power of administrative punishment, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without a license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, public utility management, urban water-saving management, parking management, landscaping management, environmental protection management, construction site management (including on-site management of housing construction and demolition), and so on.
1, landscaping law enforcement
At present, there are many laws and regulations on the police power of landscaping in China, and many local legislations in provinces and cities, such as the Regulations on the Power of Relatively Centralized Administrative Punishment, have provisions in this regard. This article is based on the current effective Urban Greening Ordinance.
Article 20 of the Regulations on Urban Greening is a declaration clause: "No unit or individual may damage urban trees, flowers and green facilities."
Chapter IV Penalties specifically stipulate that the following damages shall be punished:
(a) damage to urban trees and flowers;
(2) pruning or cutting down urban trees without authorization;
(three) cutting down, unauthorized removal of ancient and famous trees or damage or death of ancient and famous trees due to poor maintenance;
(four) damage to urban greening facilities.
Although there is no specific amount of fines for occupying urban green space without consent, or setting up commercial and service stalls in urban public green space without consent, from the perspective of public property law theory, these penalties still have the attribute of "public property police power".
1. The protected content is urban public property. Specifically, there are the following types of public property protected by public property police power.
(1) urban trees and flowers
Article 18 of the current Regulations on Urban Greening: "The greening of urban public green space, scenic woodland, protective green space, street trees and trunk road green belts shall be managed by the urban greening administrative department of the urban people's government", which is a standard administrative nature.
(2) Urban green space
"If the skin doesn't exist, the hair will attach." Plant greening must use a certain amount of land. The right to use public green land is generally regarded as state-owned land under the control of urban people. It is natural to provide special protection for these lands in the public property law. But in the case of imperfect legislation, it is easy to overlap with other land laws and regulations. At the same time, generally speaking, occupying green space will often cause the destruction of plants on the ground. In this case, it is not clear whether several crimes should be punished together or absorbed.
(3) Urban greening facilities
Facilities do not belong to trees and green plants, but they are also closely related to greening. The greening facilities here should mainly refer to the plant maintenance fixed facilities built by the urban construction department. As the object of administrative power, facilities are not organizations such as "public creation" and "facilities in public law". In terms of urban greening, similar "Zhongchuang" organizations are the garden departments, and they are responsible for the "public property burden" of urban greening with their own members and equipment.
(4) Urban ancient and famous trees.
Ancient and famous trees in cities have their own characteristics, that is, they sometimes do not belong to subordinate administrative organs. In that case, why should the administrative organs provide them with police power to protect public property? From the legal point of view, the management of ancient and famous trees has achieved the effect of public expropriation, or "original public property rights" as a quasi-expropriation administrative organ, and * * * has also stipulated a special "public property burden" for privately or collectively owned ancient and famous trees in the public property law. These ancient and famous trees are enough to constitute "he has public property" in administrative law, so laws and regulations can stipulate his public property police power.
Second, the nature of police power protection.
(1) The police power to protect public property is first and foremost an administrative power. Policing does not mean belonging to the narrow sense of the police. These illegal acts of destroying public property are protected by the administrative power of the city management organs in advance, and only when the general administrative power is insufficient will the personal compulsory police power be used, that is, the Public Security Administration Punishment Law and even the Criminal Law.
(2) The police power to protect public property has the attribute of police. That is, marked by the right to use coercion and punishment.
Third, the target of the attack is injury. These damages, unauthorized pruning, unauthorized logging, logging, unauthorized occupation, etc. , is self-discipline, no right means that with the permission of the administrative organ, it can be exempted from illegality. However, these acts are actually punitive.
It needs the occurrence of harmful consequences to start the punishment procedure.
......& gt& gt
Question 3: What is the legal basis for urban management law enforcement? 20 points is the legal authorization of the local people's congress.
Question 4: When did China begin to have urban management? In fact, when there was a yamen in the early days, urban management was unified. Today, urban management is independent.
Question 5: What is the organization that supervises urban management law enforcement 1? Administrative license: The administrative organ, upon the application of citizens, legal persons or other organizations, permits them to engage in specific activities after legal examination.
2. Administrative punishment: administrative organs, organizations authorized by laws and regulations and organizations entrusted by administrative organs with administrative punishment power impose administrative punishment on citizens, legal persons or other organizations that violate administrative order.
Specific administrative act.
Types of administrative punishment
Including warnings; Fines;
Confiscation of illegal income and property.
; Ordered to stop production and business;
Suspension or revocation of license, suspension or revocation of license
; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. 3. Administrative coercion: including administrative coercive measures and
Administrative enforcement. Administrative coercive measures refer to measures taken by administrative organs to temporarily restrict citizens' personal freedom or temporarily control the property of citizens, legal persons or other organizations in the process of administrative management. The forms of administrative compulsory measures mainly include: temporarily restricting citizens' personal freedom; Sealing up places, facilities or property; Seizure of property; Freeze deposits, remittances, securities, etc. ; Forced entry; Other compulsory measures prescribed by law. Enforcement refers to the behavior that citizens, legal persons or other organizations fail to perform legally effective administrative decisions, and the administrative organ or administrative organ applies to the people's court to force them to perform their obligations according to law. The ways of administrative coercion mainly include: removing obstacles, restoring the original state and other obligations; Penalty for execution of fines or late fees; Transfer deposits and remittances, as well as cash securities; Auction or dispose of the seized or detained property according to law; Other forms of enforcement prescribed by law. 4. Administrative expropriation: refers to the specific administrative act that the administrative organ obtains the property ownership of the administrative counterpart by force and free of charge by virtue of the state administrative power and according to the needs of social public interests. Its types mainly include tax collection, construction fund fee collection, resource use fee collection, management fee collection and so on. 5. Administrative payment: refers to the specific administrative act that the administrative organ gives certain material rights and interests or material-related rights and interests in accordance with the law when citizens are old, ill, incapacitated or under other special circumstances. Its types mainly include: resettlement and pension; Pensions for specific personnel; Minimum living allowance; Social relief funds and materials such as natural disasters and poverty alleviation. 6. Administrative confirmation: refers to the specific administrative act that the administrative organ shall, at the application of the administrative counterpart, screen the legal status, legal relationship or relevant legal facts of the administrative counterpart according to law, and confirm, recognize, prove, register, authenticate and announce it. Its species is mainly determined by (1). Such as the issuance of housing property certificates, homestead use certificates, patent certificates, trademark certificates, etc. ; (2) recognition. For example, the witness of product quality. (3) proof. Such as education, degree certificate, resident identity certificate, kinship certificate, certificate of origin of goods, etc. ; (4) registration. Such as property right registration, household registration and marriage registration. ; (5) certification. Such as administrative appraisal. 7. Administrative adjudication: refers to the specific administrative act that the administrative organ examines and makes a ruling on specific civil disputes between equal subjects in administrative activities according to the authorization of the law. Its types are: (1) adjudication of damages disputes. A dispute over compensation for damage is a dispute caused by a party's request for compensation after his rights and interests are infringed (for example, Article 55 of the Law on the Prevention and Control of Water Pollution stipulates that the compensation, liability and amount of compensation suffered in water pollution hazards shall be handled by the environmental protection department at the request of the party concerned). (2) to adjudicate ownership disputes. Refers to the adjudication of disputes over the ownership of land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas. (3) Adjudication of compensation disputes (Article 14 of the Regulations on the Administration of Urban House Demolition stipulates that the form and amount of compensation for demolition can be decided by the competent department of house demolition). (4) Other infringement disputes. 8. Administrative compensation: refers to an administrative relief act in which the administrative organ compensates the relative person's loss according to law when the administrative organ causes the loss of the relative person's rights and interests due to the implementation of statutory administrative acts, or when the relative person's social interests suffer losses. Its types mainly include: compensation for land expropriation, compensation for emergency administrative actions, etc. 9. Administrative Reward The state administrative machine and its authorized units and organizations, or organizations and units authorized by laws and regulations, should give material and spiritual praise and encouragement to units and individuals who have made significant contributions to the state and society in order to better realize their administrative purposes. 10. administrative supervision and inspection: the administrative organ shall cooperate with the counterpart according to its statutory functions and powers. & gt
Question 6: What department does the urban management in China belong to? "Urban Management" (Urban Management Administrative Law Enforcement Bureau) is an institution subordinate to the local government.
The Urban Management Administrative Law Enforcement Bureau or the Urban Management Comprehensive Administrative Law Enforcement Bureau, hereinafter referred to as "Urban Management Bureau" and "Urban Management Bureau", is the department responsible for the comprehensive administrative law enforcement of urban management in Chinese mainland. Its predecessor "City Management Office" is a national institution in People's Republic of China (PRC). Later, the urban management department was gradually incorporated into the local administrative establishment and became the administrative agency "Urban Management Bureau", exercising its functions and powers in its own name.
Main responsibilities:
1, study and formulate the long-term plan and annual plan for the city appearance and environmental management and comprehensive law enforcement in this area; Study and formulate urban appearance management standards and modern management science; To organize the drafting of measures for the administration of urban environmental sanitation, municipal facilities, landscaping and city appearance and environment in our district.
2, responsible for leading the preparation of our city management and comprehensive law enforcement funds of the annual plan and long-term plan; In conjunction with the relevant departments to supervise and manage the city appearance and environmental administrative fees.
3, in charge of urban environmental sanitation work; Responsible for the supervision and management of the review and implementation of large and medium-sized city appearance and environmental sanitation facilities construction projects, and participate in the review and supervision and management of the city appearance and environmental sanitation supporting facilities for new construction, reconstruction and expansion projects in cities; Responsible for urban road irrigation and sprinkler management, collection, removal and treatment of domestic waste, special waste and construction waste; Responsible for motor vehicle cleaning and industry management of environmental sanitation enterprises.
Question 7: What does the urban management manage? The main responsibilities of urban management law enforcement are:
1. Implement the laws, regulations and rules of the state and this Municipality on urban management, and manage and maintain the urban management order.
2, organize the drafting of local laws and regulations of the city's comprehensive administrative law enforcement, study and put forward opinions and measures to improve the city's comprehensive administrative law enforcement system.
3, responsible for the city's urban management supervision and administrative law enforcement guidance, overall coordination and organization and scheduling.
4, responsible for the supervision and assessment of the city's urban management and supervision of administrative law enforcement team.
5, responsible for the city's municipal facilities, urban public utilities, urban water saving and parking lot management in the professional administrative law enforcement work; Responsible for the investigation and handling of major cases assigned by leaders across regions in the administrative law enforcement of urban management and supervision teams.
6, responsible for the city's urban management and supervision of administrative law enforcement system of organization construction, style construction, team building and honest and diligent construction.
7. To undertake other tasks assigned by the Municipal Administration Committee.
Objective The comprehensive administrative law enforcement organs of urban management concentrate on exercising the power of administrative punishment, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, public utilities management, urban water-saving management, parking management, landscaping management, environmental protection management, construction site management (including demolition site management), urban rivers and lakes management, and black car and black tour guides.
Question 8: Where does the law enforcement power of urban management come from? What is the legal basis for urban management law enforcement? 1. The full name of urban management is "City Administration and Law Enforcement Bureau". In China, the power of any administrative subject comes from the authorization of laws and regulations. The appearance of urban management is essentially to concentrate the administrative punishment power exercised by various departments on a relatively centralized administrative subject.
2. Legal basis: Article 16 of the Administrative Punishment Law of the People's Republic of China stipulates that the people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council may decide an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal freedom can only be exercised by the public security organs.
3. Basis of administrative regulations: the State Council's Notice on Implementing the Administrative Punishment Law further explicitly requires that the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government should do a good job in the pilot work of relatively centralized administrative punishment power, put forward opinions on adjusting administrative punishment power in light of local conditions, and report them to the State Council for approval before implementation.
Question 9: What is the establishment of open recruitment for urban management law enforcement? Reference to civil servant management refers to career establishment, but full funding does not belong to civil servants. Because the number of civil servants is relatively limited, they are basically automatically transferred to civil servants at or above the division level.
State institutions are being reformed, and public participation, especially law enforcement, is generally stable without layoffs, and some places belong to civil servants.
On-site law enforcement is generally necessary, but also to gain experience and contact with the grassroots, which should be beneficial to personal growth.
It is understood that the Urban Management Bureau is officially staffed, generally college students and demobilized soldiers.
The standard of treatment is based on the salary of local civil servants, which belongs to the kind of starvation.
Similarly, women generally don't face their clients directly anywhere, or generally in the absence of danger. From the perspective of security and gender, compensation is much easier than that of men. If you are on duty, you don't usually go to the streets, and you don't often go to the scene. Women still have their own advantages.
Question 10: What does administrative law enforcement do? Administrative law enforcement refers to the activities of state administrative organs, organizations entrusted by law and their public officials to exercise administrative power and implement the laws formulated by the state legislature on the basis of the separation of legislative, law enforcement and judicial powers in modern countries. Administrative law enforcement has the following characteristics: the legality and national representativeness of the subject of law enforcement, the initiative and unilateral will of law enforcement, and the great discretion of law enforcement.