石林县城市管理综合行政执法困境及对策研究
发布时间：2018-08-03 17:29
【摘要】：为解决城市管理领域长期存在的职能交叉、多头执法、执法扰民、效率低下、管理缺位等问题,国务院从1997年起开始在城市管理领域推行相对集中行政处罚试点工作,2002年开始推行综合行政执法试点工作,各地陆续成立相应的城管综合执法机构。自成立以来,城管综合行政执法对改善市容市貌、维护城市环境、提升城市形象、维护政府权威方面起到积极作用,在促进行政管理体制改革方面成效显著。同时,在城市化快速发展进程中,城管综合行政执法历时短暂,逐渐暴露出各种矛盾和问题,近年来各地频发的有关城管暴力执法和执法对象暴力抗法的案件导致城管综合执法被推到媒体口诛笔伐和社会舆论的风口浪尖,激化了社会矛盾,影响了执法效率和政府形象,也使城管执法陷入多重困境。 城管执法工作与百姓生活密切相关,也日益成为社会广泛关注的焦点,面对这种现状,笔者作为基层城管综合行政执法部门的一员,进行了理性的思考,并以石林县城管综合行政执法为个案研究对象,介绍了城管综合执法研究对象的背景、执法机构、法律依据及工作成效等,肯定城管执法成效的同时对执法实践中存在的问题进行了深入分析,如：弱势群体生存与城管执法矛盾、城管执法人员与市民及执法对象之间的矛盾、城管执法方式单一、城管执法队伍负面形象差、市民满意度低下、城管执法人员工作压力大等。力求从源头上找出原因：管理体制不顺、执法依据不足、违法现象普遍、执法力量有限、城管人员素质参差不齐、城管执法缺乏相关保障激励机制、城管执法与政府各职能部门联动不够,并结合当地城市发展特点提出几点对策：提高城管执法人员综合素质,重视人才培养;健全和完善城管执法的法律法规,规范执法程序；加强法制宣传教育,提高市民守法意识；加强队伍建设和内部管理,树立城管形象；完善保障和激励机制,改善城管执法环境；构建城管执法部门与社会各界共同管理体系等,积极探索适合石林县城管执法的有效途径。
[Abstract]:In order to solve the long-standing problems in the field of urban management, such as overlapping of functions, multiple enforcement of law, harassment of law enforcement, inefficiency, lack of management, and so on, Since 1997, the State Council has carried out relatively centralized administrative punishment pilot work in the field of urban management. In 2002, the State Council began to carry out the pilot work of comprehensive administrative law enforcement, and corresponding urban management comprehensive law enforcement agencies have been set up one after another in various places. Since its establishment, urban management comprehensive administrative law enforcement has played a positive role in improving the appearance of the city, maintaining the city environment, promoting the image of the city and maintaining the authority of the government, and has achieved remarkable results in promoting the reform of the administrative management system. At the same time, in the rapid development of urbanization, the comprehensive administration of urban management law enforcement lasted for a short time, gradually exposed a variety of contradictions and problems. In recent years, the frequent cases of urban management violence law enforcement and the law enforcement object violence against the law have led to the comprehensive law enforcement of urban management being pushed to the forefront of media criticism and public opinion, which has intensified social contradictions and affected the efficiency of law enforcement and the image of the government. Also make city management law enforcement into many difficulties. The law enforcement work of urban management is closely related to the life of the people and has increasingly become the focus of widespread concern in the society. In the face of this situation, the author, as a member of the comprehensive administrative law enforcement department of urban management at the grass-roots level, has carried out rational thinking. Taking the comprehensive administrative law enforcement of urban management in Shilin County as a case study object, this paper introduces the background, law enforcement agencies, legal basis and work effectiveness of the research object of urban management comprehensive law enforcement. While affirming the effectiveness of urban management law enforcement, this paper makes an in-depth analysis of the problems existing in law enforcement practice, such as the contradiction between the existence of vulnerable groups and urban management law enforcement, the contradiction between urban management law enforcement officers and citizens and law enforcement objects, and the single way of urban management law enforcement. The negative image of urban management law enforcement team, low public satisfaction, urban management law enforcement officers work pressure, and so on. Try to find out the reasons from the source: the management system is not good, the law enforcement basis is insufficient, the illegal phenomenon is common, the law enforcement power is limited, the quality of the urban management personnel is uneven, the urban management law enforcement lacks the related safeguard incentive mechanism, The linkage between urban management law enforcement and various government functional departments is not enough, and some countermeasures are put forward according to the characteristics of local urban development: to improve the comprehensive quality of urban management law enforcement personnel, to attach importance to the cultivation of talents, to perfect and improve the laws and regulations of urban management law enforcement, and to standardize the law enforcement procedures; Strengthen legal publicity and education, raise public awareness of abiding by the law, strengthen team building and internal management, set up the image of urban management, improve the protection and incentive mechanism, improve the environment of urban management law enforcement, and build a common management system between urban management law enforcement departments and all sectors of society, etc. Actively explore suitable for Shilin County urban management law enforcement effective ways.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D630;D922.1
[Abstract]:In order to solve the long-standing problems in the field of urban management, such as overlapping of functions, multiple enforcement of law, harassment of law enforcement, inefficiency, lack of management, and so on, Since 1997, the State Council has carried out relatively centralized administrative punishment pilot work in the field of urban management. In 2002, the State Council began to carry out the pilot work of comprehensive administrative law enforcement, and corresponding urban management comprehensive law enforcement agencies have been set up one after another in various places. Since its establishment, urban management comprehensive administrative law enforcement has played a positive role in improving the appearance of the city, maintaining the city environment, promoting the image of the city and maintaining the authority of the government, and has achieved remarkable results in promoting the reform of the administrative management system. At the same time, in the rapid development of urbanization, the comprehensive administration of urban management law enforcement lasted for a short time, gradually exposed a variety of contradictions and problems. In recent years, the frequent cases of urban management violence law enforcement and the law enforcement object violence against the law have led to the comprehensive law enforcement of urban management being pushed to the forefront of media criticism and public opinion, which has intensified social contradictions and affected the efficiency of law enforcement and the image of the government. Also make city management law enforcement into many difficulties. The law enforcement work of urban management is closely related to the life of the people and has increasingly become the focus of widespread concern in the society. In the face of this situation, the author, as a member of the comprehensive administrative law enforcement department of urban management at the grass-roots level, has carried out rational thinking. Taking the comprehensive administrative law enforcement of urban management in Shilin County as a case study object, this paper introduces the background, law enforcement agencies, legal basis and work effectiveness of the research object of urban management comprehensive law enforcement. While affirming the effectiveness of urban management law enforcement, this paper makes an in-depth analysis of the problems existing in law enforcement practice, such as the contradiction between the existence of vulnerable groups and urban management law enforcement, the contradiction between urban management law enforcement officers and citizens and law enforcement objects, and the single way of urban management law enforcement. The negative image of urban management law enforcement team, low public satisfaction, urban management law enforcement officers work pressure, and so on. Try to find out the reasons from the source: the management system is not good, the law enforcement basis is insufficient, the illegal phenomenon is common, the law enforcement power is limited, the quality of the urban management personnel is uneven, the urban management law enforcement lacks the related safeguard incentive mechanism, The linkage between urban management law enforcement and various government functional departments is not enough, and some countermeasures are put forward according to the characteristics of local urban development: to improve the comprehensive quality of urban management law enforcement personnel, to attach importance to the cultivation of talents, to perfect and improve the laws and regulations of urban management law enforcement, and to standardize the law enforcement procedures; Strengthen legal publicity and education, raise public awareness of abiding by the law, strengthen team building and internal management, set up the image of urban management, improve the protection and incentive mechanism, improve the environment of urban management law enforcement, and build a common management system between urban management law enforcement departments and all sectors of society, etc. Actively explore suitable for Shilin County urban management law enforcement effective ways.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D630;D922.1
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