1, the implementation of the state and the city on the urban management of the laws, regulations, rules and policies, according to law to carry out governance and maintenance of urban management order related work.
2, organize the drafting of the city's urban management on the comprehensive administrative law enforcement of local laws and regulations, government regulations, formulate the city's urban management comprehensive administrative law enforcement development planning, policies and measures and organize the implementation of the city's urban management; study and put forward to improve the city's urban management comprehensive administrative law enforcement system of opinions and recommendations.
3, is responsible for the city's urban management comprehensive administrative law enforcement work of business guidance, coordination, command and control, supervision and inspection; responsible for the city, district and county governments or relevant functional departments to reflect the problem in a timely manner, inform the situation.
4, in accordance with the law to centralize the exercise of the municipal government decided to give the right to administrative penalties in the field of urban management, is responsible for cross-regional, major and difficult cases of investigation and handling.
5, is responsible for the city's urban management comprehensive administrative law enforcement team building, education and training, supervision and assessment work.
6, to undertake other matters assigned by the municipal government.
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City management in the end? The person in charge of a local urban management bureau rather helplessly chortled: "urban management is the upper management of the sky, the lower management of the ground, and in the middle of the air."
In Nanjing, the newly developed "urban law enforcement relative concentration of administrative punishment program", the city of culture, radio and television, tourism, gardening, planning, public security and traffic control departments **** 33 penalty rights are all assigned to the Urban Management Bureau. In Xi'an, there are city management reflect, city sanitation, landscaping, environmental protection, illegal construction, slag removal, social noise pollution, parking order standardization, occupying the labor market management, vagrant begging persuasion relief, etc., these construction, planning, municipal, landscaping, industry and commerce, public security, environmental protection, civil affairs and other departments to manage the bad, not to manage the "dirty jobs "are handed over to the city management, and even square dancing, gyroscope, whip, etc. are also responsible for the city management. In Shanghai, the city management administrative law enforcement powers including 11 aspects, *** 167, in addition to the city, environment, greening, water, industry and commerce, construction, planning, etc., but also to manage the public *** place signboards whether the use of text norms, pet feces, residents keep chickens, ducks, geese and rabbits, and other minor details of the matter. Beijing city management law enforcement rights are as many as 14 aspects of more than 300, and every few months to adjust once, "even the city management team members can not memorize what specific law enforcement rights"......
City management of this "Basket" more and more big, inside loaded with more and more things, the burden is also more and more heavy. The author believes that too much power will be given to the city management, so that it can not bear the weight, deviated from the direction of urban management refinement. Especially in the context of the current urban management and traders conflicts and conflicts, continue to expand the powers of the urban management, it is very easy to expand the violence of the urban management, social conflicts.
According to the provisions of the Administrative Penalty Law promulgated in 1996 on the "relative concentration of administrative penalty power", the comprehensive law enforcement of urban management began to pilot and gradually implemented throughout the country, has been 19 years. Objectively speaking, the implementation of the city management system has achieved certain results, but also revealed some urgent problems. Mainly in:
From the scope of responsibility, in many cities, "city management is a basket, what are loaded into it". The scope of law enforcement covers more than ten areas of urban management, involving hundreds of specific things, almost "no matter what". Some cities also put some of the most difficult, most likely to offend the people's law enforcement authority to the city management, so that all kinds of conflicts.
From the law enforcement basis, the city management of the "law" is very broad, unsystematic, counting up, although it involves dozens of laws and government regulations, but unified, high-level city management law is missing for a long time. In a certain sense, the city management is "borrowing law enforcement". A lot of problems in the city management law enforcement, the lack of justifiable basis for dealing with. City management centralized exercise of administrative punishment, but there is no national provisions of the unified and transparent law enforcement procedures, some places in the city management as the enjoyment of power, disregard, trample on the rights of citizens.
From the law enforcement process, the city management only to exercise the right to punish and not directly involved in the management of affairs, and the relative concentration of administrative punishment, and it is difficult to avoid excessive power and law enforcement personnel in the city management department of the problem of excessive discretion, very easy to promote the impulse of the city management personnel to abuse power, objectively, but also to the city management department has brought great pressure, so that the city management personnel are often in a state of tension and anxiety, the formation of "the more power, the more power, the more power, the more power. The formation of "the more power, the greater the pressure, the greater the impulse to abuse power, the greater the contradiction with the management of the object" of the vicious circle. And, because of the city management involved in the management of the scope of the vast, rent-seeking events one after another.
From the quality of the team, according to the relevant laws and documents, city management personnel are civil servants, but many places are limited to the establishment, often take the administrative and career mixed, mixed post approach. For the city management system, it seems to always be in a state of understaffing, too many tasks, exhausted. In order to cope with the heavy workload, a large number of co-managers are often employed. The large army of urban management is complex in composition and lacks the professional training and institutional constraints to standardize law enforcement, making it highly susceptible to brutal law enforcement.
From the organizational structure, the current administrative system, largely from the central to local top-down industry management system, the only exception is the city management law enforcement agencies, belonging to the exploration of no industry authorities, do not get enough institutional support and institutional support.
The problem of urban management is a concentrated response to the social management problems in the process of urbanization and social transformation. Long-term practice of urban management has accumulated a lot of contradictions, some of which are still deep-rooted, if you can not fundamentally clean up the problems that have been precipitated for many years, to eliminate the accumulation of public grievances that have been deep, and instead continue to put pressure on the urban management, may lead to urban management contradictions like snowballing more and more big.
The author believes that to get rid of the urban management difficulties, it is imperative not to expand the powers of the city management, but to "reduce the burden".
On the one hand, from the top design to start, clear the scope of responsibilities of the city management department, give the city management the necessary law enforcement "boundaries" and means of protection, so that the city management law enforcement has a reliable legal "backing", on the basis of which to reshape the operation of the city management mechanism, the city management into the rule of law, standardized. The city management into the rule of law, standardized track.
On the other hand, the government should consider the distribution of power in all matters of urban management, enhance the administrative efficiency of the relevant government agencies, and appropriately "cut the power" and "reduce the pressure" on the urban management departments, from which some functions should be separated. At the same time, to abandon the inherent dependence on administrative coercive power, city management conceptual innovation, institutional innovation, cultural innovation