In China, the problems existing in urban management law enforcement are well known, and even become irreconcilable contradictions among the people for a period of time. The root cause is that the administrative subject city management law enforcement is not standardized, and the interests of vulnerable groups are not reasonably protected, which leads to contradictions.
First, the causes of law enforcement conflicts
Urban management law enforcement is a comprehensive law enforcement, which is quite difficult in itself. In addition, there are several reasons why urban management law enforcement often conflicts:
First, there is a certain conflict between the source of life of vendors and the market management and city appearance management of the city. Due to the development of market economy and the acceleration of urbanization in China, a large number of rural surplus labor force flows into cities. In addition, with the implementation of the reform of state-owned enterprises, the city itself has formed a large number of laid-off workers, and these two types of people constitute the most important source of vendors. With the development of economy and society, prices and living costs are rising. These two kinds of people are under great pressure to survive in cities, and the inevitability of urbanization makes them have to survive in cities. Because of their low education and backward skills, they can't do better, so low-tech work methods such as setting up stalls in the street have become one of their inevitable choices. Because most vendors are highly mobile and difficult to supervise, the quality problems such as the safety and hygiene of the goods and services they provide bring great hidden dangers to consumers. Moreover, some vendors are dishonest, lack of people and sell fake goods, which seriously disrupts the market order. In addition, the existence of vendors has also had a considerable impact on the appearance of the city. Because of its disorder, it has brought great pressure to traffic, environment and health. Based on the above, a contradiction is formed. At present, the social security system and the employment system of low-skilled people in China are not perfect. On the one hand, the existence of vendors solves the living problems of a large number of farmers and laid-off workers' families, on the other hand, it also poses a severe challenge to the city's market management and city appearance management. As a comprehensive administrative law enforcement agency, urban management's law enforcement actions to safeguard the market and the appearance of the city will inevitably have a direct conflict with the living problems of street vendors and the consumption habits of low-income people in cities, which will easily lead to their resistance.
Second, it is difficult for urban management law enforcement to convince vendors.
Market economy emphasizes the equality and autonomy of market subjects. Of course, this autonomy cannot be at the expense of public interests. Vendors affect the urban environment, and their self-management behavior must obey the needs of public interests and should be under the jurisdiction of administrative organs. But at the same time, it not only transferred the autonomy of its operation, but also convinced it to limit the public interest of its operation. In practice, urban management, as the spokesman of public interests, is difficult to convince vendors of their law enforcement actions, which leads to conflicts.
Third, does it still exist in the process of urban management law enforcement? Replace punishment with punishment, and replace charge with punishment? Phenomenon. The purpose of urban management administrative punishment is to punish offenders with administrative punishment and correct illegal business practices. However, at present, there is still a shortage of funds in China's urban management departments, which leads many law enforcement teams to support themselves and use fees and fines to supplement the shortage of law enforcement funds or give benefits to leaders. In this way, what should be corrected is not corrected, but a simple fine, which affects the effect of law enforcement.
Fourth, there is a phenomenon of * * in urban management law enforcement. In recent years, the phenomenon of urban management beating people has occurred from time to time. Because some urban management team members, even those employed by social idlers, lack systematic legal education, weak legal awareness and service awareness, and strong power awareness, they often use violence to solve problems.
Second, the countermeasures to solve the problem
In order to solve the conflict between urban management law enforcement and the protection of urban vulnerable groups, the author believes that we can work hard from the following aspects:
First, improve the quality of urban management law enforcement personnel.
At present, there are many problems in urban management law enforcement. One of the important reasons is that some urban management law enforcement personnel have poor quality and weak legal awareness. To solve this problem, it is necessary to improve the quality of urban management team members. First of all, in the selection of urban management law enforcement personnel, we should pay attention to strict selection criteria, open competition, merit-based recruitment, and select those with high quality and understanding of the law, and those with low ability to eliminate, poor quality and weak legal awareness. If possible, try to stabilize the urban management law enforcement team and prevent some temporary players from affecting the quality of the whole team because of lack of training. Secondly, we should strengthen the training of urban management law enforcement personnel, so that they can establish the concept of service and administration according to law through training, which is the foundation of civilized law enforcement. It is also necessary to strengthen legal training, not only to let the players master the provisions of substantive law, but also to let them master the provisions of procedural law, so that they can establish a strong legal awareness
Second, strengthen the self-discipline of urban management team members and external supervision of urban management team members' law enforcement. Some urban management law enforcement personnel are not standardized in law enforcement, and act according to relationships and human feelings. This is also an important reason why it is difficult for urban management law enforcement to achieve the expected results and convince the administrative counterpart. In order to avoid this unhealthy trend, we need to strengthen the supervision of urban management team members. It is necessary to mobilize the masses to report irregular behaviors such as eating and getting cards in urban management law enforcement; Set up a rectification hotline in relevant departments and announce it to the public, and welcome people to call the hotline to report; Timely investigate and deal with problems reported by the masses and correct cases of violations of laws and regulations. Those who engage in power and money transactions, collude with lawless elements, neglect their duties, harm public interests, extort money, and infringe upon the legitimate interests of operators must be resolutely investigated and dealt with.
Third, strengthen legal education and civilized education for vendors and citizens, so that they can consciously obey management and maintain the overall image of the city.
Without the participation of the general public, the development of the city and the effective realization of the purpose of urban management will be difficult to achieve. Therefore, through various forms, including organizing colorful publicity activities, we should educate vendors and citizens to consciously obey urban management, consciously develop good business and living habits, and maintain a good image of the city. Through publicity and education activities, we should enhance the legal concept of the majority of vendors and citizens, make them realize the serious consequences of illegal business operations, and further enhance their awareness of behavior. For some illegal and uncivilized operations, it is necessary to criticize and expose them through the media, so that the general public can supervise and urge them to correct.
Fourth, innovate law enforcement ideas and actively explore and try some new ways of urban management law enforcement that are not easy to cause conflicts.
We need to innovate urban management law enforcement ideas and actively seek some new law enforcement methods that are easily accepted by the masses. Many cities are trying? Soft law enforcement flexible law enforcement? By hiring supervisors, law enforcement coordinators, etc. Change the way and style of law enforcement.
Fifth, vigorously innovate ways to improve the living conditions of the vulnerable group of urban hawkers and avoid conflicts from the source.
Actively explore various ways to improve the lives of urban vulnerable groups. The author believes that we can work hard from the following aspects. First, vigorously develop the economy, create employment conditions and guide vendors to flow to other industries. For example, labor-intensive industries are still an important aspect to attract the employment of farmers and laid-off workers in cities, and should be moderately developed within the scope permitted by the national industrial policy to alleviate the serious employment pressure in China at present. Second, mobilize social forces to strengthen vocational skills training for urban vulnerable groups. The reason why vendors set up stalls is because they lack labor skills and can only engage in some simple jobs such as selling fruits and eating simply. If they can improve their vocational skills through training, it will help them find other jobs and flow into other industries. Third, standardize the management of vendors who still exist. Many cities are trying? Guide into the market? It plays an important role in solving the living problems of vulnerable groups and strengthening urban management, and can be actively tried. The centralized management of merchants makes the management more orderly, and at the same time, it is also a way that merchants are willing to accept that they can safely operate legally after paying less costs. Fourth, gradually establish a relatively perfect social security system. Although we have adopted the above-mentioned series of ways to solve the living problems of street vendors, there are still some socially disadvantaged groups who are difficult to enter other industries for employment or enter the market for formal operation due to their own conditions. If urban management is resolutely banned, it will touch on their survival problems. For this part of the population, it is necessary to protect their lives and relieve their worries through the social security system.
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