Reading Tip: The reform of comprehensive administrative law enforcement in urban management has achieved remarkable results for more than ten years, but there are also some problems. It is necessary to sum up the gains and losses of experience and continue to promote the reform of the comprehensive administrative law enforcement system for urban management. By summing up the successful experiences of various places, the special group analyzed the existing problems and reasons, and put forward some suggestions: improving the legislative level; Improve the law enforcement system; Strengthen the construction of institutions and teams; Emancipate the mind, expand public participation and innovate law enforcement mode.

The Social and Legal Affairs Committee of China People's Political Consultative Conference set up a special group, headed by Chen Jiping, deputy director. On June 20 13, the special group held a forum to listen to the introduction of responsible comrades of relevant departments and communicate with some experts and scholars. On July 20 13, the special team went to Shanghai and Nanjing, Jiangsu Province for investigation, went deep into the grassroots and fully listened to opinions and suggestions.

Reform of comprehensive administrative law enforcement system of urban management and its outstanding problems

Shanghai and Nanjing, in combination with local conditions, constantly improve the comprehensive administrative law enforcement system of urban management, vigorously strengthen team building, focus on solving deep-seated contradictions and strive to improve the level of urban management.

Both places put legislation in a very important position. As early as 2000, Shanghai issued the Interim Provisions on Comprehensive Law Enforcement of Urban Management in Shanghai. In 20 12, Shanghai formulated the Regulations on Administrative Law Enforcement of Urban Management according to the new situation and problems, which made specific and clear provisions on straightening out the system, standardizing behavior, improving efficiency and improving supervision. After nearly two years of in-depth and meticulous investigation, Nanjing promulgated the Regulations on Urban Governance in 20 12, taking urban governance as the legislative concept and rationalizing and transforming government functions as the starting point, focus and focus of legislation, which established a scientific and legal solution to the conflict of authority between departments, further clarified the content of comprehensive administrative law enforcement in urban management, standardized law enforcement behavior and built a comprehensive administrative law enforcement system.

While seriously carrying out the training of law enforcement personnel, the two places pay attention to strengthening the system construction and restraining the behavior of law enforcement personnel, and strive to build a high-quality comprehensive administrative law enforcement team of urban management with firm politics, exquisite business and excellent style. Shanghai has specially hired political supervisors to make unannounced visits to the comprehensive administrative law enforcement work of urban management, regularly carry out social appraisal activities, listen to the opinions and suggestions of NPC deputies, CPPCC members, citizens and news media, and take the appraisal results as an important basis for the performance evaluation of districts and counties. Nanjing has successively refined 23 systems and work norms, and comprehensively and systematically stipulated the rights, identities and responsibilities of law enforcement teams. At the same time, the municipal corps insists on daily inspections and regularly checks the law enforcement performance and team management of the battalions and squadrons in various districts.

The comprehensive administrative law enforcement departments of urban management in the two places strive to change the concept of law enforcement, adhere to people-oriented, govern for the people, and put an end to brutal and violent law enforcement. Actively carry out community visits, door-to-door communication and zero-distance service activities, communicate with enterprises and residents, listen to opinions and suggestions, and seriously solve problems that are strongly reflected by everyone. By distributing publicity materials, shooting feature films, etc. , so that the community can further understand and recognize the comprehensive administrative law enforcement work of urban management.

Many cities in China have similar practices and successful experiences. With the promotion of reform and continuous exploration in various places, the comprehensive administrative law enforcement system of urban management has gradually matured. However, judging from the local conditions, there are still some problems that need to be solved urgently.

(A) the legal guarantee mechanism of comprehensive administrative law enforcement of urban management is not perfect. At present, the basis of comprehensive administrative law enforcement of urban management is mainly single laws and regulations, with scattered provisions and numerous items. The functional orientation of the comprehensive administrative law enforcement agencies of urban management is not clear, and the legal basis and legal status of the comprehensive administrative law enforcement of urban management are often questioned. "Administrative Punishment Law" and "Administrative Enforcement Law" have high normative and procedural requirements for law enforcement, but they lack the means to ensure the effectiveness of administrative law enforcement, and the procedures are complex and time-consuming, which can not timely investigate and deal with illegal acts, affect the efficiency of law enforcement, and give birth to the phenomenon of substituting punishment for reform.

(two) the allocation of law enforcement authority between urban management comprehensive administrative law enforcement agencies and other departments is unreasonable. First, the transfer of law enforcement responsibility is not standardized. In some places, how to divide the functions and powers of comprehensive law enforcement agencies and functional departments has not been strictly demonstrated and is quite arbitrary. Some departments often throw those laborious and profitable difficult management matters as a burden to comprehensive law enforcement agencies. Second, there are too many law enforcement matters in the urban management comprehensive administrative law enforcement department, which makes law enforcement personnel feel powerless. The scope of urban management comprehensive administrative law enforcement covers 14 urban management fields, involving hundreds of specific reasons (for example, Beijing urban management comprehensive law enforcement involves more than 300 items, and Shanghai urban management comprehensive law enforcement exercises the right of punishment 170 items). With the passage of time, the functions of urban management are increasing.

(C) Urban management comprehensive administrative law enforcement agencies and relevant departments lack effective communication and cooperation channels. There are still overlapping functions and unclear responsibilities between the comprehensive administrative law enforcement department of urban management and relevant departments, and the phenomenon of repeated law enforcement, multiple law enforcement and blank law enforcement still exists. First, although comprehensive law enforcement has been adopted in some management fields, the law enforcement functions and teams of relevant departments still exist. Some departments handed over the administrative law enforcement power to comprehensive law enforcement agencies, but did not hand over relevant law enforcement forces and technical support (technicians, institutions, equipment, etc.). ), making it difficult to define the investigation authority of some illegal acts. Second, comprehensive law enforcement agencies perform the executive functions separated from relevant departments, but some law enforcement matters cannot be handled separately and need the support and cooperation of relevant departments. For example, investigating illegal construction cases usually requires the cooperation of planning departments and public security departments, but in daily law enforcement, this requirement is often regarded as "trouble" and is shirked or rejected, which affects the effect of law enforcement.

(4) The construction and overall quality of the comprehensive administrative law enforcement team of urban management need to be further improved. According to the law and the relevant documents of the State Council, the comprehensive administrative law enforcement personnel of urban management should be civil servants. However, due to the limited number of administrative personnel, administration and career are mixed in many places, and some places do not refer to the management of civil servants, which brings many difficulties to team building, personnel management, wages and benefits. In order to cope with a large number of law enforcement tasks, coordinators are generally employed in various places, but coordinators have hardly received law enforcement training and are not qualified for law enforcement, and irregular and uncivilized phenomena occur from time to time in the process of participating in law enforcement, which affects the seriousness of law enforcement.

Suggestions on further deepening the reform of comprehensive administrative law enforcement system of urban management

With the rapid development of China's economy and society, the process of urbanization is gradually accelerating, the scale of the city is constantly expanding, and people's lifestyles and concepts are undergoing profound changes. All these put forward higher requirements for the comprehensive administrative law enforcement of urban management, requiring us to conscientiously sum up local experience, deeply analyze the causes of existing problems, further deepen reform and gradually improve the comprehensive administrative law enforcement system of urban management.

(1) Improve the legislative level of comprehensive administrative law enforcement in urban management. Urban management is quite comprehensive, complex and arduous, but there has been no unified legislation for more than ten years since the reform, which has led to the embarrassing legal status of urban management comprehensive administrative law enforcement, chaotic functions and powers, and many contradictions and problems. After years of exploration, Beijing, Shanghai, Nanjing, Shenzhen, Changsha and other places have accumulated certain legislative experience, and many foreign legislations can be used for reference. Therefore, it is not only necessary but also feasible to formulate national unified and standardized special laws or administrative regulations for comprehensive administrative law enforcement of urban management. Through special national legislation, the nature, establishment, functions, coordination mechanism, law enforcement means and standards of comprehensive administrative law enforcement agencies for urban management are clarified, law enforcement norms and accountability systems are established, and the dilemma of urban management law enforcement is eliminated.

(2) Improve the comprehensive administrative law enforcement system for urban management. First, it is clear that the relevant departments of the central government are the competent departments for comprehensive administrative law enforcement of urban management, so as to unify the study of relevant policies and promote and standardize the work. The second is to scientifically define the functions and powers of urban management institutions at the city, district (county) and street levels, build a territorial management mechanism, establish a comprehensive administrative law enforcement network for urban management, and form a crisscross, closely connected and responsive law enforcement system. The third is to reasonably define the scope of authority of comprehensive administrative law enforcement of urban management. Specifically, professional and technical law enforcement matters are not suitable for job transfer; The responsibilities of vertical management departments such as finance, customs and national tax, as well as the basic and inherent responsibilities of government departments, can not be transferred if the law clearly stipulates that they can only be exercised by an administrative organ. Other urban management responsibilities should be handed over to comprehensive law enforcement agencies. The fourth is to establish and improve the official cooperation system, which mainly includes: planning collegiate bench system, information resource sharing system, joint law enforcement system, administrative coordination system, administrative assistance system, joint logistics joint defense system and so on. , strengthen the coordination and functional cohesion between them, and solve the problems faced by * * * in time.

(three) to strengthen the standardization of urban management comprehensive administrative law enforcement agencies and teams. The first is to clarify the legal status of the comprehensive administrative law enforcement organs of urban management. Urban management is an important part of social management. Urban management comprehensive administrative law enforcement agencies perform administrative functions and exercise law enforcement power, belonging to the government's administrative enforcement agencies. The second is to strengthen the construction and management of urban management comprehensive administrative law enforcement team, and implement a unified system of recruitment, assessment, training, exchange and avoidance of administrative law enforcement personnel. Strengthen professional training, improve the legal quality, professional quality and law enforcement level of law enforcement personnel, establish a system of holding certificates, and equip them with equipment and facilities that match the law enforcement tasks. The third is to set up special funds for comprehensive administrative law enforcement of urban management, strictly implement the statutory principle of separation of punishment and payment, avoid replacing reform with punishment, and establish a good image of standardized and civilized law enforcement.

(4) Emancipate the mind and innovate the mechanism. First of all, people-oriented and public participation should be emphasized. Give full play to the positive role of community neighborhood committees as grass-roots mass autonomous organizations, and mobilize social organizations and residents within their jurisdiction to participate in urban management; Strengthen information disclosure, protect the public's right to know, make suggestions, make decisions and supervise in urban management by holding forums, demonstration meetings and hearings, and realize the mechanism of government departments, social organizations and citizens participating in urban management together. Face up to the rationality of co-managers, clarify their legal status as an auxiliary executive force of comprehensive administrative law enforcement in urban management, and regard it as the embodiment of moderate socialization of government governance and civil autonomy in social governance, while insisting on strict screening and strengthening law enforcement training. The second is to change the concept of law enforcement, correctly handle the relationship between management and service, and achieve the purpose of management by serving the masses and the managed objects, so as to promote management with service and strengthen service with management. The third is to innovate the law enforcement model. Gradually promote the diversification of administrative law enforcement methods, try to introduce flexible law enforcement methods and working mechanisms that reflect the agreement between the relative person and the law enforcement subject, solve the problems encountered in urban management as much as possible through guidance, guidance, consultation and education, and more effectively prevent and reduce the occurrence of illegal acts from the source.

(Source: People's Political Consultative Conference Daily)