城管执法中纠纷问题的研究
发布时间：2018-08-06 16:49
【摘要】：近几年,“城管”这个词的温度一直没有降过,我们经常会看见或者听到“某某城管打人”视频或者消息。城管部门作为城市管理行政执法机关,是重要的行政主体,是城市化进程的产物,担任着城市治理、环境保护、交通维护等方面的重要职责。城管部门理应有个正面、积极的公众形象,但是行政执法人员和行政相对人矛盾纠纷的频发,甚至出现野蛮执法和暴力抗法的现象,给执法者和执法对象都造成了人身伤亡,产生了不良社会影响。城管执法人员是最一线行政执法人员,他们深入群众,与执法对象接触最直接、工作最直观、形象最鲜明,对城市管理、政府威信和依法治国战略有着重要影响。城管部门设立的依据是《行政处罚法》第十六条,集中行使处罚权。城管部门从北京宣武区的试行到现在全国范围的推广,有效解决了城市发展出现的一系列问题,比如环境污染、交通拥堵,并在一定程度上克制了分散执法中权力界限重叠、治理混乱等弊端。城管最初执法的事项为“7+X”,但是“X”是非常不确定,不封口的“X”导致地方政府可以根据本地的具体情况增设事项,比如窨井盖管理、治理违法小广告、管控油烟噪音,增设的事项一般都是管理难度较大,其他部门不愿管理的事项。笔者了解到一些较大的城市执法事项甚至达到了300多项,例如广州、深圳等地,繁杂、困难的执法事项不仅会影响城管执法的质量,也会出现重复执法、多头执法现象。再加上编制有限,整个执法队伍人员混杂,执法人员素质不高、奖惩机制不完善等,各种执法中的矛盾纠纷不断发生,城管的公众形象相当负面,甚至有人提出取消城管部门。城市治理成为党和政府关注的重点,十八界三中全会和十八界四中全会都强调要理顺城管执法体制,提高执法和服务水平。理顺城管执法体制是行政执法体制改革的重要内容,有利于行政机关依法行政、建设法治政府。城管一直成为社会和学术界关注的对象,分析城管执法人员和执法对象产生矛盾纠纷的原因,可以有效的提高执法的风险意识,是解决野蛮执法或者暴力抗法的关键,是城市健康有序发展的重要保障。因此笔者提出了“城管执法中纠纷问题的研究”这一命题。本文主要对城管执法中发生纠纷的原因进行全方面、多角度的分析。笔者详细了解了具体案例的来龙去脉,走访了一些商贩,也向一些城管执法人员询问了相关情况,并结合新加坡、韩国、美国等国外城市管理的模式,最终得出相关结论。笔者也针对目前现状,并结合本国城市管理的具体特点,提出了相关解决措施,希望可以减少执法冲突,对城市管理体制改革提供有益的帮助。本文分为四个部分,第一部分对城市管理行政执法概念、城管部门设立的初衷、相关职能进行了阐述,并重点通过数据分析总结城管执法中矛盾纠纷的现状;第二部分通过列举城管执法中矛盾纠纷的典型案件,包括夏俊峰案件和延安城管事件,分别从执法主体、行政相对人、执法空间等角度分析案件发生的原因和经过,为下文得出城管执法中发生矛盾纠纷的原因做好铺垫;第三部分具体分析城管执法中发生矛盾纠纷的原因,其中包括城市管理方式简单、职责权限不清、法律依据和程序问题、执法人员素质不高、执法空间原因、行政相对人原因等;第四部分提出相关建议,包括柔性执法理念和大城管理念。同时提出了一条具体的行动策略以减少城管一线执法冲突:常规执法侧重行政指导方式,特殊情况下联合执法、借势执法、执法退避。
[Abstract]:In recent years, the temperature of the word "city tube" has never been reduced. We often see or hear the video or news of "the city management of a certain city." the city management department, as a city administration administrative law enforcement agency, is an important administrative subject, a product of the process of urbanization, and holds the weight of urban governance, environmental protection, traffic maintenance and so on. Responsibility. The city management department should have a positive and positive public image, but the frequent conflicts between the administrative law enforcement personnel and the administrative relative, even the barbaric law enforcement and the violence against law, which have caused personal casualties to the law enforcers and the law enforcement objects, and have produced bad social effects. The city management law enforcement personnel are the first line of administrative law enforcement. They have an important impact on urban management, government prestige and the strategy of governing the country according to law. The foundation of the city management department is the administrative punishment law, which is based on the sixteenth article of the administrative punishment law. The city management department is from the trial of Xuanwu District in Beijing to the present national scope. The promotion has effectively solved a series of problems in urban development, such as environmental pollution, traffic congestion, and to some extent restrained the drawbacks of the overlapping of power limits in the decentralized law enforcement and the confusion of governance. The first law enforcement item of the city management is "7+X", but "X" is very uncertain and the "X" which is not sealed leads to the local government to take root. According to the local specific conditions, such as the manhole cover management, the management of illegal small advertising and control of the noise of oil smoke, the additional items are generally difficult to manage and other departments do not want to manage. I know that some larger urban law enforcement matters have reached more than 300, such as Guangzhou, Shenzhen and other places, complicated and difficult implementation. The laws and regulations will not only affect the quality of the law enforcement of urban management, but also have repeated law enforcement and many law enforcement phenomena, as well as a limited number of personnel, the whole law enforcement personnel are mixed, the quality of the law enforcement personnel is not high, the mechanism of rewards and punishment is not perfect, and the contradictions and disputes in all kinds of law enforcement are constantly occurring, the public image of the city management is rather negative, and even some people put forward the abolition of the city. Urban governance has become the focus of the party and the government. The Third Plenary Session of the eighteen Central Committee and the eighteen plenary session of the Fourth Plenary Session of the fourth plenary session emphasize the need to straighten out the system of law enforcement and improve the level of law enforcement and service. As the object of concern in the society and the academic circle, the analysis of the reasons for the contradictions and disputes between the law enforcement officers and the law enforcement objects can effectively improve the awareness of the risk of the law enforcement. It is the key to the solution of the barbaric law enforcement or the violence against the law, and the important guarantee for the orderly and orderly development of the city. This article mainly discusses the reasons for the dispute in the law enforcement of urban management, and analyzes the reasons for the dispute in all aspects. The author has a detailed understanding of the origin and development of the specific cases, visited some vendors, and asked some law enforcement officers about the relevant situation, and finally combined with the model of foreign urban management in Singapore, Korea and the United States. In view of the current situation and the specific characteristics of urban management in our country, the author puts forward some relevant solutions, hoping to reduce the conflict of law enforcement and provide helpful help to the reform of urban management system. This article is divided into four parts. The first part is the concept of administrative law enforcement in urban management and the original intention of the establishment of the city management department. The related functions are expounded, and the status of contradictions and disputes in urban management law enforcement is summarized through data analysis. The second part, by enumerating the typical cases of contradictions and disputes in the law enforcement of urban management, including the Xia Junfeng case and the Yanan city tube incident, analyzes the reasons for the case from the law enforcement body, the administrative relative, the law enforcement space and so on. The third part analyzes the reasons for the contradictions and disputes in the law enforcement of urban management, including the simple way of urban management, the unclear responsibility, the legal basis and procedure, the poor quality of the law enforcement personnel, the reasons for the law enforcement and the reasons for the administrative relative people, etc. The fourth part puts forward some suggestions, including the concept of flexible law enforcement and the management of the big city. At the same time, a specific action strategy is put forward to reduce the conflict of law enforcement in the city management.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1
本文编号：2168349
[Abstract]:In recent years, the temperature of the word "city tube" has never been reduced. We often see or hear the video or news of "the city management of a certain city." the city management department, as a city administration administrative law enforcement agency, is an important administrative subject, a product of the process of urbanization, and holds the weight of urban governance, environmental protection, traffic maintenance and so on. Responsibility. The city management department should have a positive and positive public image, but the frequent conflicts between the administrative law enforcement personnel and the administrative relative, even the barbaric law enforcement and the violence against law, which have caused personal casualties to the law enforcers and the law enforcement objects, and have produced bad social effects. The city management law enforcement personnel are the first line of administrative law enforcement. They have an important impact on urban management, government prestige and the strategy of governing the country according to law. The foundation of the city management department is the administrative punishment law, which is based on the sixteenth article of the administrative punishment law. The city management department is from the trial of Xuanwu District in Beijing to the present national scope. The promotion has effectively solved a series of problems in urban development, such as environmental pollution, traffic congestion, and to some extent restrained the drawbacks of the overlapping of power limits in the decentralized law enforcement and the confusion of governance. The first law enforcement item of the city management is "7+X", but "X" is very uncertain and the "X" which is not sealed leads to the local government to take root. According to the local specific conditions, such as the manhole cover management, the management of illegal small advertising and control of the noise of oil smoke, the additional items are generally difficult to manage and other departments do not want to manage. I know that some larger urban law enforcement matters have reached more than 300, such as Guangzhou, Shenzhen and other places, complicated and difficult implementation. The laws and regulations will not only affect the quality of the law enforcement of urban management, but also have repeated law enforcement and many law enforcement phenomena, as well as a limited number of personnel, the whole law enforcement personnel are mixed, the quality of the law enforcement personnel is not high, the mechanism of rewards and punishment is not perfect, and the contradictions and disputes in all kinds of law enforcement are constantly occurring, the public image of the city management is rather negative, and even some people put forward the abolition of the city. Urban governance has become the focus of the party and the government. The Third Plenary Session of the eighteen Central Committee and the eighteen plenary session of the Fourth Plenary Session of the fourth plenary session emphasize the need to straighten out the system of law enforcement and improve the level of law enforcement and service. As the object of concern in the society and the academic circle, the analysis of the reasons for the contradictions and disputes between the law enforcement officers and the law enforcement objects can effectively improve the awareness of the risk of the law enforcement. It is the key to the solution of the barbaric law enforcement or the violence against the law, and the important guarantee for the orderly and orderly development of the city. This article mainly discusses the reasons for the dispute in the law enforcement of urban management, and analyzes the reasons for the dispute in all aspects. The author has a detailed understanding of the origin and development of the specific cases, visited some vendors, and asked some law enforcement officers about the relevant situation, and finally combined with the model of foreign urban management in Singapore, Korea and the United States. In view of the current situation and the specific characteristics of urban management in our country, the author puts forward some relevant solutions, hoping to reduce the conflict of law enforcement and provide helpful help to the reform of urban management system. This article is divided into four parts. The first part is the concept of administrative law enforcement in urban management and the original intention of the establishment of the city management department. The related functions are expounded, and the status of contradictions and disputes in urban management law enforcement is summarized through data analysis. The second part, by enumerating the typical cases of contradictions and disputes in the law enforcement of urban management, including the Xia Junfeng case and the Yanan city tube incident, analyzes the reasons for the case from the law enforcement body, the administrative relative, the law enforcement space and so on. The third part analyzes the reasons for the contradictions and disputes in the law enforcement of urban management, including the simple way of urban management, the unclear responsibility, the legal basis and procedure, the poor quality of the law enforcement personnel, the reasons for the law enforcement and the reasons for the administrative relative people, etc. The fourth part puts forward some suggestions, including the concept of flexible law enforcement and the management of the big city. At the same time, a specific action strategy is put forward to reduce the conflict of law enforcement in the city management.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1
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