Illegal parking, urban management can also post a post, and urban management power is great again？
It turns out that,On August 19th, the Ministry of Housing and Urban-Rural Development, as the competent department of urban management, announced the Measures for Urban Management Enforcement (Draft for Comment) (hereinafter referred to as the Measures).Among them, the right to punish illegal parking on urban roads is planned to be included in the scope of urban management law enforcement.
What are the specific contents of "Urban Management Law Enforcement Measures (Draft for Comment)"? And listen to Xiaobian to give you a summary:
Six main points of "Urban Management Law Enforcement Measures (Draft for Comment)":
Point 1: Make clear the scope of administrative punishment power of urban management law enforcement.
In this draft for comments, it is proposed that the scope of urban management administrative punishment includes the following six aspects:
Point 2: Urban management can also post illegal vehicles.
As mentioned above,The right to punish illegal parking on urban roads is planned to be included in the scope of urban management law enforcement. In other words, urban management can be posted in the future.Some people may think that, in this way,Is the power of urban management greater? What if it overlaps with the law enforcement authority of the traffic control department and there is a phenomenon of mutual buck passing?This authority itself should be the product of coordination with the traffic control department, which means that the traffic control department will allocate more energy to the dynamic law enforcement process in the future, and the static law enforcement should be the result of the balance of comparative advantages.
The "Measures" clearly stipulate the scope of urban management law enforcement, which is actually to solve the coordination problem of different departments in urban management law enforcement.The six types of law enforcement scope are the products of coordination with professional departments. To some extent, it is a principal-agent behavior of law enforcement between government departments, or a transfer of law enforcement power.
— —China Renmin University School of Public Administrationassociate professor
Li Wenzhao
Point 3: The competent urban management and law enforcement departments of municipalities directly under the Central Government and cities divided into districts can undertake the investigation and punishment of trans-regional and major and complex illegal cases.
Municipalities directly under the central government, designThe competent department of urban management law enforcement of a district city may send law enforcement agencies to municipal districts or streets. The agency shall perform urban management within its jurisdiction in the name of the competent department of urban management law enforcement that set up the agency.Law enforcement duties.
Point 4: Urban management should be certified, and the number of co-managers should be gradually reduced, and the consequences of law enforcement should be borne by the competent authorities.
Co-management personnel cooperate with law enforcement.Personnel engaged in publicity and education, inspection, information collection, illegal activities to discourage law enforcement and other auxiliary affairs. The legal consequences arising from the co-management personnel engaging in law enforcement auxiliary affairs shall be borne by the competent department of urban management law enforcement at the corresponding level. Urban managementThe competent department of law enforcement shall strictly observe the recruitment procedures, qualifications and codes of conduct of the co-management personnel.
Point 5: No unauthorized seizure of goods, and fines and confiscations shall be turned over to the state treasury.
If the seized or detained articles are illegal articles, they shall be transferred to the relevant departments.Handle. For fresh goods or other goods that are not easy to keep, the competent department of urban management and law enforcement may auction, sell or properly handle them according to law after retaining evidence. Urban management law enforcement departments shall not charge fees, fines and confiscations.Income as a source of funds; Fines, confiscation of illegal income or confiscation of illegal property auction funds shall be turned over to the state treasury in full in accordance with regulations.
Point 6: The whole process of law enforcement will be recorded, and the appraisal system for handling cases will be established.
Urban management law enforcement departments should establish and improve the whole process of law enforcement record system, law enforcement publicity system, administrative penalty discretion benchmark system, law enforcement case evaluation system, strictly implement the legal review system of major law enforcement decisions, and implement the administrative law enforcement responsibility system. 、
"measures"Make urban management law enforcement more institutionalized
In fact, when it comes to urban management, many people think of staging with vendors.“You run, you go and I’ll do it."of“Cat and mouse"State, is in different forms.“violent law-enforcement".Of course, in the process of law enforcement, urban management is sometimes a vulnerable group. There have been many bloody cases in which urban management team members were stabbed and killed.
This is to maintain urban order, but it often becomes the target of public criticism. Urban management law enforcement is recognized as "the most difficult thing in the world".What is the problem? One word: Fa!
For a long time, we have lacked a law to co-ordinate urban management, standardize law enforcement teams and restrain law enforcement behavior. Because the basis of urban management law enforcement is scattered in many departmental laws and regulations, in the face of urban management law enforcement, not onlyThe law enforcers don’t understand the basis of law enforcement, and the law enforcers themselves sometimes don’t know which law is supporting them.At the same time, "smile law enforcement", "flower law enforcement" and other pattern law enforcement methods emerge in endlessly, with different effects, highlighting the lack of law“myasthenia".
In the past, the identity and responsibilities of urban management law enforcement were unclear, and small business vendors were afraid of it, and urban management personnel also complained a lot.“Working as a policeman, taking the money of wage earners.". In the future,With a clear law enforcement boundary, the relationship between law enforcement and law enforcement will turn in a benign direction.
— — CCTV commentator Wang Jian
2015In, the urbanization rate of China has reached.56.1%, the permanent population of cities and towns reached.7.7100 million, the new urbanization will still be a major strategic task in China. With the promotion of new urbanization, the government’s management level needs to be improved accordingly, and refined urban management is the direction of urban management.
The premise of refined urban management is standardization, legalization and proceduralization. Through the promulgation of the Measures, the organization, law enforcement, digital platform, hotline, law enforcement coordination and urban management coordination of urban management are specified in detail, which points out the direction for refined urban management.
The introduction of norms is a kind of institutional innovation. Defining their respective rights and obligations through institutional innovation is conducive to more legitimacy of urban management and more recognition, cooperation and participation of the people.
— —China Renmin University School of Public Administrationassociate professor
Li Wenzhao
Expert: "Measures"》It still needs to be perfected
This "Urban Management Law Enforcement Measures (Draft for Comment)" can be said to have ushered in legal protection for urban management law enforcement, and alsoIt points out the direction for the refined management of the city.But experts believe that,There are still some "Draft for Comment"It is worthy of careful analysis and careful discussion.
city management≠Urban governance
In legislation, we should introduce the concept of "urban governance" and think about urban law enforcement from the perspective of "urban governance" instead of passive management. Efforts should be made to promote people’s active participation in urban governance, become the main body of urban governance, and consciously abide by various laws, regulations and rules of the city.Whether the "Measures" should use "urban management law enforcement" needs careful consideration.
put on an equal footing“Strict law enforcement"and“Promote law-abiding"
The existing "Measures" pay more attention to promoting the implementation of various laws, regulations, methods and rules of the city by exercising compulsory power and punishment power. In fact,We should also consider how to make urban citizens consciously abide by the law. Law enforcers need to assist citizens to abide by the law. Punishment is one of the tools, but it is not the only tool.
Legal clearance“Assistant manager"
Co-managers cannot be allowed to exist at the legal level, and putting an end to co-managers should be the direction.Once the coordinator is allowed to exist at the legal level, the seriousness of law enforcement is greatly reduced. On the contrary, the time schedule for retiring the assistant managers should be stipulated at the legal level.
It is necessary to clarify the organizational design of urban management law enforcement.
What is vertical management? Or territorial management? What is the agency? Or is it a territorial institution? How can different institutions work together? How to achieve cross-regional coordination? How to better allocate law enforcement agencies? These important institutions, personnel and other issues are not covered by laws and regulations.
— —China Renmin University School of Public Administrationassociate professor
Li Wenzhao
Urban management, the greatest difficulty and the highest art come from one“pipe/tube"Word.
On the one hand,Urban management is by no means "everything is handed over to urban management", let alone relying on urban management personnel to "fine" to solve problems.Some people have made rough statistics, and the urban management functions of urban management are as follows110Multiple items. Only by defining the functions of urban management and the boundaries of law enforcement through legal means can it be possible to make urban management law enforcement directional and flexible.
On the other hand,Urban management law enforcement should not be based on "management", but more importantly, it should serve the city, serve the residents and pay attention to people’s rights and well-being.Therefore, it is possible to standardize the law enforcement team and law enforcement behavior by law.“manage"towards“service"Change. The ultimate goal is for urban residents and managers to work together to create a good urban environment for common management and common life.
— — CCTV commentator Wang Jian
In real life, the first reaction that a phrase "the city management is coming" often brings to vendors is "running". This reflects the embarrassing public opinion environment and the great difficulty of law enforcement faced by urban management from one side.People expect that the promulgation of a law will enable urban management to do a good job in urban management with confidence, rationality and legality. The next time someone shouts "Urban Management is coming", people will understand that it is the service provider of the city!