1. China local law enforcers are often involved in some public conflicts in the course of performing their duties. -The Times
2. The main task is to drive away unlicensed street vendors and check all kinds of permits. -"Indian Media"
3. Some employees who deal with petty crimes and disorder. -The Guardian
4. A police force. -The Daily Telegraph
The main responsibilities of urban management law enforcement are:
1, implement the laws, regulations and rules of the state and this Municipality on urban management, and manage and maintain the order of urban management.
2, organize the drafting of local laws and regulations on the comprehensive administrative law enforcement of urban management in this Municipality, and study and put forward opinions and measures to improve the comprehensive administrative law enforcement system of urban management in this Municipality.
3, responsible for the city's urban management supervision and administrative law enforcement guidance, overall coordination and organization and scheduling.
4, responsible for the supervision and assessment of the city's urban management and supervision of administrative law enforcement team.
5, responsible for the city's municipal facilities, urban utilities, urban water saving and parking lot management in the professional administrative law enforcement work; To be responsible for the investigation and handling of major cases assigned by cross-regional and leaders in the administrative law enforcement of urban management and supervision teams. 6, responsible for the city's urban management and supervision of administrative law enforcement system organization construction, style construction, team building and honest and diligent construction work.
7. To undertake other tasks assigned by the Municipal Administration Committee.
Question 2: What are the contents of urban management law enforcement?
At present, the comprehensive administrative law enforcement organs of urban management concentrate on exercising the power of administrative punishment, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without a license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, public utility management, urban water-saving management, parking management, landscaping management, environmental protection management, construction site management (including house construction and demolition site management), urban rivers and lakes management, black cars and parking.
1, landscaping law enforcement
At present, there are many laws and regulations on the police power of landscaping in China, and many provinces and cities have provisions in this regard in local legislation such as the Regulations on the Right of Relatively Centralized Administrative Punishment. This article is based on the current effective Urban Greening Ordinance.
Article 20 of the Regulations on Urban Greening is a declaration clause: "No unit or individual may damage urban trees, flowers and green facilities."
Chapter IV Penalties specifically stipulate that the following damages shall be punished:
(a) damage to urban trees and flowers;
(2) pruning or cutting down urban trees without authorization;
(three) cutting down, unauthorized removal of ancient and famous trees or damage or death of ancient and famous trees due to poor maintenance;
(four) damage to urban greening facilities.
Those who occupy urban green land without consent, or set up commercial and service stalls in urban public green space without consent, although there is no specific fine amount, from the perspective of public property law theory, these penalty clauses still have the attribute of "public property police power".
1. The content of protection is urban public property. Specifically, there are the following types of public property protected by public property police power.
(1) urban trees and flowers
Article 18 of the current Urban Greening Regulations: "The greening of urban public green spaces, scenic woodlands, protective green spaces, street trees and trunk road green belts shall be managed by the urban people's urban greening administrative department", which is a standard administrative property.
(2) Urban green land
"if the skin does not exist, the hair will be attached." Plant greening must use a certain amount of land. The right to use the land for public greening is generally regarded as the state-owned land under the control of urban people. It is natural to provide special protection for these lands in public property law. However, in the case of imperfect legislation, it is easy to overlap with other land laws and regulations. At the same time, generally speaking, the occupation of green land often causes the destruction of plants on the ground. In this case, whether it should be combined punishment or absorption is unclear.
(3) Urban greening facilities
Facilities do not belong to trees and green plants, but they are also closely related to greening. The greening facilities here should mainly refer to the fixed facilities for plant conservation built by the urban construction department. As the object of administrative power, facilities are not organizations such as "public creation" and "facilities in public law". In terms of urban greening, the similar "public creation" organization is the garden department as the director of * * *, and they are responsible for the "public property burden" of urban greening with their own members and their own equipment.
(4) Urban ancient and famous trees.
Urban ancient and famous trees have their own characteristics, that is, sometimes they do not belong to the subordinate administrative organs. In this case, why does the administrative organ still provide it with the protection of public property police power? From the legal point of view, the management of ancient and famous trees has achieved the effect of public expropriation and requisition, or obtained the "original public property right" as a quasi-expropriation administrative organ, and * * * also provided special "public property burden" for privately or collectively owned ancient and famous trees in public property law. These ancient and famous trees are enough to constitute "he has public property" in administrative law, so laws and regulations can stipulate their public property police rights.
Second, the police nature of the right to protection.
(1) Public property protection police power is first and foremost an administrative power. Policing does not mean belonging to the narrow sense of the police. These illegal acts of destroying public property are protected by the administrative power of the city management authorities in advance, and only when the general administrative power is insufficient will the police power of personal coercion be used, that is, the Law on Public Security Administration Punishment and even the Criminal Law.
(2) The police power of public property protection has the attribute of police. That is, it is marked by the right to use coercion and punishment.
Third, the target of the attack is damage. These damages, unauthorized pruning, unauthorized logging, logging, unauthorized occupation, etc., are self-disciplinary, and unauthorized means that they may be exempted from illegality with the permission of the administrative organ. However, these acts are actually punitive and generally still
The occurrence of harmful consequences is needed to start the punishment procedure.
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Question 3: What is the legal basis of urban management law enforcement? 20 points is the legal authorization of the local people's congress.
Question 4: When did China begin to have urban management? In fact, urban management was under unified control in the early days when there was a yamen, and today urban management is independent.
Question 5: What institutions supervise urban management law enforcement 1, administrative license: The administrative organs, upon the application of citizens, legal persons or other organizations, allow them to engage in specific activities after legal examination.
2. Administrative punishment: the administrative organ, organizations authorized by laws and regulations and organizations entrusted by the administrative organ with the power of administrative punishment impose administrative sanctions on citizens, legal persons or other organizations for violating the administrative order.
Specific administrative act.
Types of administrative punishment
Including warnings; Fines;
Confiscation of illegal income and illegal property.
; Ordered to stop production and business;
Suspend or revoke the license, suspend or revoke the license
; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. 3. Administrative coercion: including administrative coercive measures and
Administrative enforcement. Administrative coercive measures refer to the measures taken by administrative organs to temporarily restrict citizens' personal freedom or temporarily control the property of citizens, legal persons or other organizations in the process of administrative management. The forms of administrative compulsory measures mainly include: temporary restrictions on citizens' personal freedom; Sealing up places, facilities or property; Seizure of property; Freezing deposits, remittances, securities, etc.; Forced entry into the house; Other compulsory measures prescribed by law. Compulsory execution refers to the act that an administrative organ or an administrative organ applies to a people's court to force citizens, legal persons or other organizations to perform their obligations according to law if they fail to perform legally effective administrative decisions. The ways of administrative enforcement mainly include: removing obstacles, restoring the original state and other obligations; Execution penalty with a fine or a late payment fee; Transfer deposits and remittances, and cash securities; Auction or dispose of the seized or detained property according to law; Other forms of enforcement prescribed by law. 4. Administrative expropriation: refers to the specific administrative act that the administrative organ obtains the property ownership of the administrative counterpart compulsorily and free of charge according to the needs of social public interests by virtue of the state administrative power. Its types mainly include tax collection, construction fund fee collection, resource use fee collection, management fee collection and so on. 5. Administrative payment: refers to the specific administrative act that the administrative organ grants certain material rights and interests or material-related rights and interests to citizens in old age, illness, loss of working ability or other special circumstances according to law. Its types mainly include: resettlement and pension; Retirement pension for specific personnel; Minimum living security fee; Social relief funds and relief materials such as natural disasters and poverty alleviation. 6. Administrative confirmation: refers to the specific administrative act that the administrative organ shall, at the application of the administrative counterpart, screen the legal status, legal relationship or relevant legal facts of the administrative counterpart according to law, confirm, recognize, prove, register, authenticate and announce it. Its species are mainly determined by (1). Such as the issuance of housing property certificates, homestead use certificates, patent certificates, trademark certificates, etc.; (2) recognition. Such as the witness of product quality. (3) proof. Such as academic qualifications, degree certificates, resident identity certificates, certificates of kinship, certificates of origin of goods, etc.; (4) registration. Such as property rights registration, household registration, marriage registration, etc.; (5) authentication. Such as administrative appraisal. 7. Administrative adjudication: refers to the specific administrative act that an administrative organ examines and makes a ruling on a specific civil dispute between equal subjects in administrative activities according to the authorization of the law. Its types are: (1) adjudication of damages disputes. A dispute over compensation for damage is a dispute caused by a party's claim for compensation after its rights and interests are infringed (for example, Article 55 of the Law on the Prevention and Control of Water Pollution stipulates that the loss compensation, liability and amount of compensation suffered in water pollution hazards shall be handled by the environmental protection department at the request of the party concerned). (2) adjudication of ownership disputes. Refers to the adjudication of ownership disputes over land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas. (3) Adjudication of compensatory disputes (Article 4 of Regulations on Urban House Demolition Management/KLOC-0 stipulates that the form and amount of compensation for demolition can be decided by the competent department of house demolition). (4) other infringement disputes. 8. Administrative compensation: refers to an administrative relief act in which the administrative organ compensates the relative person's loss according to law when the administrative organ causes the relative person's loss of rights and interests due to the implementation of legal administrative acts, or suffers losses due to the relative person's social interests. Its types mainly include: compensation for land expropriation, compensation for emergency administrative actions, etc. 9, administrative reward state administrative machine and its authorized units, organizations, or organizations and units authorized by laws and regulations, in order to better implement their administrative purposes, units and individuals who have made significant contributions to the country and society in accordance with the law shall be praised and encouraged in material spirit. 10. Administrative supervision and inspection: the administrative organ shall comply with the relative person according to its statutory functions and powers ..... > >
Question 6: What department does China's urban management belong to? "Urban Management" (Urban Management Administrative Law Enforcement Bureau) is an organization subordinate to local governments.
Urban Management Administrative Law Enforcement Bureau or Urban Management Comprehensive Administrative Law Enforcement Bureau, hereinafter referred to as "Urban Management Bureau" and "Urban Management Bureau", is the department responsible for comprehensive administrative law enforcement in urban management in mainland China. Its predecessor, "City Management Office", was a state institution of the People's Republic of China. Later, the urban management department was gradually incorporated into the administrative establishment of various places and became the administrative agency "Urban Management Bureau", exercising its functions and powers in its own name.
Main responsibilities:
1, study and formulate the medium-and long-term plans and annual plans for urban city appearance and environmental management and comprehensive law enforcement in this area; Study and formulate urban appearance management standards and modern management methods; To organize the drafting of measures for the administration of urban environmental sanitation, municipal facilities, landscaping and city appearance and environment in our district.
2, responsible for leading the preparation of our district urban management and comprehensive law enforcement funds of the annual plan and long-term plan; In conjunction with the relevant departments to supervise and manage the work of city appearance and environmental administrative fees.
3, in charge of urban environmental sanitation work; Responsible for the supervision and management of the scheme review and implementation of large and medium-sized city appearance and environmental sanitation facilities construction projects, and participate in the audit and supervision and management of the scheme of city appearance and environmental sanitation supporting facilities in urban new construction, reconstruction and expansion projects; Responsible for the management of urban road irrigation and sprinkling, collection, removal and disposal of domestic garbage, special garbage and construction garbage; Responsible for the industry management of motor vehicle cleaning and environmental sanitation enterprises.
Question 7: What exactly does urban management manage? The main responsibilities of urban management law enforcement are:
1, implement the laws, regulations and rules of the state and this Municipality on urban management, and manage and maintain the order of urban management.
2, organize the drafting of local laws and regulations on the comprehensive administrative law enforcement of urban management in this Municipality, and study and put forward opinions and measures to improve the comprehensive administrative law enforcement system of urban management in this Municipality.
3, responsible for the city's urban management supervision and administrative law enforcement guidance, overall coordination and organization and scheduling.
4, responsible for the supervision and assessment of the city's urban management and supervision of administrative law enforcement team.
5, responsible for the city's municipal facilities, urban utilities, urban water saving and parking lot management in the professional administrative law enforcement work; To be responsible for the investigation and handling of major cases assigned by cross-regional and leaders in the administrative law enforcement of urban management and supervision teams.
6, responsible for the city's urban management and supervision of administrative law enforcement system organization construction, style construction, team building and honest and diligent construction work.
7. To undertake other tasks assigned by the Municipal Administration Committee.
Objective that comprehensive administrative law enforcement organ of urban management exercise the power of administrative punishment in a centralized way, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, public utility management, urban water-saving management, parking management, landscaping management, environmental protection management, construction site management (including demolition site management), urban rivers and lakes management, black cars and black tour guides.
Question 8: Where does the law enforcement power of urban management come from? What is the legal basis for urban management law enforcement? 1, the full name of urban management is "Urban Management Administrative Law Enforcement Bureau". In China, the power of any administrative subject comes from the authorization of laws and regulations. In essence, the emergence of urban management is to concentrate the power of administrative punishment exercised by various departments on a relatively centralized administrative subject.
2. Legal basis: Article 16 of the Administrative Punishment Law of the People's Republic of China stipulates that the State Council or people of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council may decide an administrative organ to 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. Basis of administrative regulations: the State Council's Notice on Implementing the Administrative Punishment Law further clearly requires that the people 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 administrative punishment power in light of local conditions, and report them to the State Council for approval before implementation.
Question 9: What is the compilation of urban management law enforcement for public recruitment? Reference to civil servant management refers to career establishment, but full funding does not belong to civil servants. Because the number of civil servants is relatively limited, they are basically automatically converted into civil servants at or above the division level.
National institutions are being reformed, and public participation, especially law enforcement, is generally not laid off, which is relatively stable, and some places belong to civil servants.
On-site law enforcement is generally necessary, and it is also to gain experience and contact with the grassroots, which should be good for personal growth.
It is understood that the urban management bureau is officially compiling personnel, generally college students and demobilized soldiers.
The standard of treatment is based on the salary of local civil servants, which belongs to the kind that can't survive starvation.
Similarly, women generally do not face the parties directly everywhere, or generally in the absence of danger. From the perspective of safety and gender, it is much easier to pay compensation than men. If you are on duty, you will generally not go to the streets or often go to the scene. Women still have their own advantages.
Question 10: What does administrative law enforcement do? Administrative law enforcement refers to the activities of state administrative organs, organizations entrusted by law and their public officials to exercise administrative power and implement the laws formulated by the state legislature on the basis of the separation of legislation, law enforcement and judicature of modern state rights. Administrative law enforcement has the following characteristics: the legal nature and national representation of law enforcement subjects, the initiative and unilateral will of law enforcement, and the great discretion of law enforcement.