2. the State Council City Greening Ordinance
3, the Ministry of construction "city green line management measures"
4, the Ministry of construction "city road lighting facilities management regulations"
5, the Ministry of construction "construction waste management measures"
6. People's Republic of China (PRC) Air Pollution Prevention Law
7. People's Republic of China (PRC) City Planning Law
8. Road Traffic Safety Law of the People's Republic of China
9. People's Republic of China (PRC) Food Hygiene Law
10, Regulations on Urban Road Management
1 1, other laws and regulations related to urban management.
The legal basis of urban management law enforcement is:
1, urban management is actually a department that focuses on the enforcement of administrative compulsory measures and administrative penalties, and its power comes from the authorization of other departments.
2. According to Article 16 of the Administrative Punishment Law of the People's Republic of China, 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 that an administrative organ shall exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal freedom can only be exercised by public security organs.
3. the State Council's "Notice on Implementing the Administrative Punishment Law" further clearly 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 the administrative punishment power in light of local conditions, and report them to the State Council for approval before implementation.
Urban management is a comprehensive management department. On the one hand, it can be said that there are many grounds for its existence, such as People's Republic of China (PRC) Urban Planning Law, Regulations on the Administration of City Appearance and Environmental Sanitation, Measures for the Administration of Municipal Domestic Waste and Measures for the Administration of Urban Roads. On the other hand, it can be said that there is no legal basis, because there is no special law to stipulate the legitimacy of the urban management department, so its existence is doubtful.
Four, urban management does not allow street vendors to sell, for the following reasons:
(1) Operating without a license is really subjective for industry and commerce, so we often see urban management and the Federation of Industry and Commerce and law enforcement to eliminate vendors. Urban management and industry and commerce are not a system.
(2) Affect the city appearance, which is the main reason for urban management to eliminate street vendors and their main responsibility. They mainly manage city appearance and environmental sanitation. However, the current law does not stipulate that urban management can repel vendors who set up stalls along the street. Most local governments have made regulations to remove street vendors that affect the city appearance. Such as the Regulations of Beijing Municipality on City Appearance and Environmental Sanitation.
(3) There is a legal basis for occupying urban roads. The "Measures for the Administration of Urban Roads" stipulates that urban roads cannot be occupied, and urban management has the basis to repel vendors. Local governments also have regulations in this regard, such as the Measures for the Administration of Temporary Occupation of Roads in Beijing.
Four, urban management law enforcement is based on which law?
It can be authorized by the local government or the National People's Congress.
Administrative law enforcement power
(1) Administrative license (*** 19)
1. Approval of special vehicles driving on urban roads (including passing through urban bridges).
2, attached to the urban road construction of various pipelines, poles and other facilities for approval.
3. Permission to temporarily occupy both sides of the street and public * * * venues.
4, temporary occupation and excavation of urban roads for approval.
5, large-scale outdoor advertising audit.
6, municipal gas facilities change approval.
7, cutting, pruning city trees for approval
8, the city's ancient and famous trees migration approval
9, urban engineering construction project affiliated greening engineering design and change review;
10, examination and approval of forest renewal, tending and cutting in scenic spots and their peripheral protection zones.
1 1, hanging and posting publicity materials on urban buildings and facilities for approval.
12, environmental sanitation facilities must be dismantled for approval.
13, approval for raising poultry and livestock in urban areas.
14, urban construction waste disposal approval.
15, engaged in the examination and approval of cleaning, collection, transportation and treatment services of municipal solid waste.
16, groundwater utilization approval
17, examination and approval of temporary occupation of urban green space
18, urban greening project completion acceptance
19, urban drainage permit issuance
legal ground
Measures for law enforcement of urban management
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the provisions of the Administrative Punishment Law, the Administrative Enforcement Law and other laws and regulations in order to standardize the law enforcement of urban management, improve the level of law enforcement and service, maintain the order of urban management and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 These Measures shall apply to the urban management law enforcement activities and law enforcement supervision activities in the built-up areas of towns where the people's governments of cities and counties are located.
The term "urban management law enforcement" as mentioned in these Measures refers to the behavior of the competent department of urban management law enforcement in performing administrative law enforcement duties such as administrative punishment and administrative enforcement in the field of urban management according to laws, regulations and rules.
Article 3 Urban management law enforcement shall follow the principles of people-oriented, governance according to law, governance at the source, consistency of powers and responsibilities, and coordination and innovation, and adhere to strict, standardized, fair and civilized law enforcement.
Article 4 The competent department of housing and urban and rural construction in the State Council shall be responsible for the guidance, supervision and coordination of urban management law enforcement throughout the country.
The competent departments of housing and urban construction of the people's governments of all provinces and autonomous regions shall be responsible for the guidance, supervision, inspection and coordination of urban management law enforcement within their respective administrative areas.
The competent department of urban management law enforcement of the people's governments of cities and counties shall be responsible for the urban management law enforcement within their respective administrative areas.
Fifth urban management law enforcement departments should promote the establishment of urban management coordination mechanism and coordinate relevant departments to do a good job in urban management law enforcement.
Sixth urban management law enforcement departments should strengthen the publicity and popularization of urban management laws, regulations and rules, enhance the awareness of the whole people to abide by the law, and maintain the order of urban management.
Seventh urban management law enforcement departments should actively provide conditions for the public to supervise urban management law enforcement activities.
Chapter II Scope of Law Enforcement
Article 8 The scope of the power of administrative punishment in urban management law enforcement shall be determined according to laws and regulations and the relevant provisions of the State Council, including the power of administrative punishment stipulated by laws and regulations in the fields of housing and urban and rural construction, and the power of administrative punishment in environmental protection management, industrial and commercial management, traffic management, water management, food and drug supervision and other aspects related to urban management.
Ninth matters that need to focus on the exercise of urban management law enforcement power shall meet the following conditions:
(a) closely related to urban management;
(two) closely related to the production and life of the masses, and the problem of multiple law enforcement disturbing the people is outstanding;
(three) high frequency of law enforcement and corresponding professional and technical requirements;
(four) it is really necessary to concentrate on the exercise.
Article 10 Where the competent department of urban management and law enforcement exercises the power of administrative punishment relatively centrally according to law, it may implement administrative compulsory measures related to the power of administrative punishment as stipulated by laws and regulations.
Eleventh urban management law enforcement matters after the scope is determined, it should be made public.
Twelfth urban management law enforcement departments focus on the exercise of administrative punishment power exercised by other departments, it should be clear about the responsibilities and working mechanism with other departments.
Chapter III Subject of Law Enforcement
Thirteenth urban management law enforcement departments set up law enforcement teams in accordance with the principles of clear responsibilities, unified power and streamlined efficiency.
Fourteenth municipalities directly under the central government and cities divided into districts shall implement municipal law enforcement or district law enforcement.
Urban management law enforcement matters of municipalities directly under the central government and cities divided into districts can be carried out at the district level if the competent department of urban management law enforcement of the Municipal People's Government can undertake them.
The competent department of urban management law enforcement of the people's government of a municipality directly under the central government or a city divided into districts may undertake the investigation and handling of major and complicated illegal cases across regions.