Urban management law enforcement has been repeatedly disputed because of the absence of competent departments and legal systems. At the beginning of this year, after the Ministry of Housing and Urban-Rural Development was identified as the responsible department responsible for the national management of the country, the “Urban Management Law Enforcement Measures (Draft for Comment)†(hereinafter referred to as the “Measuresâ€) was issued recently, from now until September 18, facing The society publicly solicits opinions.
The scope of administrative penalties and enforcement measures of urban management law enforcement that the public is concerned with are all clearly defined in the Measures. It is worth noting that the penalties for illegal parking on urban roads and unlicensed operation in outdoor public places are also intended to be included in the scope of urban management law enforcement.
The "Measures" mentioned that the scope of law enforcement in urban management mainly involves six areas of housing construction, environmental protection, industry and commerce, transportation, water affairs and food and medicine.
How to regulate the law enforcement behavior of urban management law enforcement personnel is also the focus of public attention. The "Procedure" proposes that when law enforcement activities are carried out, law enforcement officers can verify the identity of the parties and other relevant information, conduct on-site forensics by means of inquest, photographing, recording, videography, etc., and set warning signs on the spot. In addition, you can also ask the parties and witnesses of the case to inspect, retrieve, and copy documents and documents related to illegal activities. It is also possible to seize and detain places, facilities and property related to illegal acts in accordance with the law.
However, the "Measures" also restrained the behavior of law enforcement officers. It is proposed to engage in law enforcement activities at least two people, and show the administrative law enforcement documents to indicate their identity, and the urban management law enforcement clothing and signs must be unified throughout the country. Use law enforcement recorders or video surveillance.
â– Focus 1 City management can be attached? Experts suggest that the scope of law enforcement in the scope of law enforcement should be clear. The "Measures" proposes that there is an administrative penalty for illegal parking of motor vehicles on urban roads.
"That is, you can directly paste the article." Wang Jingbo, dean of the Institute of Rule of Law of China University of Political Science and Law, explained that part of the authority of the traffic control department has been transferred, which is equivalent to comprehensive authority.
She believes that the "Measures" reflect the development direction of adhering to comprehensive law enforcement and reasonably reflect the relationship between comprehensive law enforcement and professional law enforcement. The enumeration and generalization methods are also feasible in legislation.
However, she suggested that the division of different fields may lead to new jurisdictional crossovers. It is suggested that the scope of law enforcement should be more explicit, pay attention to the cutting of authority, and divide the authority should further study its scientific nature.
Then, did the city management have administrative penalties for illegally parked motor vehicles?
A city management team member from Beijing told the Beijing News that at present, there is no law enforcement right for motor vehicles in urban management law enforcement.
According to previous reports, in 2014, the city management assisted the traffic management department to post an “illegal parking notice†for the vehicles on the road. Subsequently, the offender must be handled in accordance with the procedures.
2 The competent department bears the enforcement effect of the coordinator. The urban management violence has been frequently carried out. Previously, the urban management law enforcement department has repeatedly shirked responsibility to temporary workers such as the coordinator. The "Measures" clarify that the legal consequences of the co-management personnel engaged in law enforcement and auxiliary affairs shall be borne by the competent department of city management and law enforcement at the same level.
Jiang Ming'an, a professor at Peking University Law School and a doctoral tutor, once said that this means that in the future, “temporary workers have been fired†cannot be used as exemption cards for relevant departments, avoiding the phenomenon that temporary workers “deviate from doing things†and employers evade responsibility.
In addition, the "Measures" also stipulates that urban management law enforcement personnel implement a certificate-based employment system. The number of coordinators must not exceed that of law enforcement officers and should be gradually reduced.
The duties of the coordinator are also clearly defined as coordinating matters such as propaganda and education, inspections, information collection, and dissuasion of law enforcement personnel.
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