试论城管行政执法程序之完善
发布时间：2018-07-29 20:01
【摘要】：在我国，城管执法是行政执法体制改革的成果，城管行政执法程序更是行政执法程序不可或缺的一部分。完善城管行政执法程序能够规范行政执法行为，实现行政执法程序公正。随着我国城市化进程的加快，我国的城管行政执法涌现出许多问题，究其原因是我国城管行政执法程序在立法上和执法中存在诸多缺陷。因此，完善城管行政执法程序很有必要。 论文分为四大部分：第一部分对城管行政执法程序内涵及其主要内容进行了梳理，，并介绍了城管行政执法程序与一般行政执法程序的异同，本部分是论文写作的基础性内容；第二部分重点揭示了城管行政执法程序在实施过程中呈现出的立法问题和执法问题，包括在立法上缺乏统一的城管行政执法程序法典、现有法律中简易程序的规制不合理、一般程序规定得不明确、听证程序规定得不健全以及在执行中存在的程序违法问题等；第三部分对存在问题的原因进行了探讨，从立法和执法两个层面进行分析；最后一部分为我国城管行政执法程序的完善，针对文中第二部分城管行政执法程序存在的问题提出了改善建议，包括在立法上制定全国统一的城管行政执法程序法典、完善现有的简易程序、明确一般程序、健全听证程序和在执法中严格遵守城管行政执法程序。这也是论文研究的最终落脚点。
[Abstract]:In China, urban management law enforcement is the result of the reform of administrative law enforcement system, and the urban management administrative law enforcement procedure is an indispensable part of administrative law enforcement procedure. Perfecting the administrative law enforcement procedure of urban management can standardize the administrative law enforcement behavior and realize the fairness of the administrative law enforcement procedure. With the acceleration of urbanization in our country, there are many problems in the administrative law enforcement of urban management in China. The reason is that there are many defects in the legislation and law enforcement of the administrative law enforcement procedure of urban management in our country. Therefore, it is necessary to perfect the administrative law enforcement procedure of urban management. The thesis is divided into four parts: in the first part, the connotation and main contents of urban management administrative law enforcement procedure are combed, and the similarities and differences between urban management administrative law enforcement procedure and general administrative law enforcement procedure are introduced. This part is the basic content of the thesis writing; The second part focuses on revealing the legislative problems and law enforcement problems in the process of the implementation of urban management administrative law enforcement procedure, including the lack of a unified law enforcement procedure code in the legislation, and the unreasonable regulation of summary procedure in the existing laws. The general procedure is not clear, the hearing procedure is not perfect and the illegal procedure exists in the implementation. The third part discusses the reasons of the problems, and analyzes the problems from the two aspects of legislation and law enforcement. The last part is the perfection of the administrative law enforcement procedure of urban management in our country. In view of the problems existing in the administrative law enforcement procedure of urban management in the second part of this paper, the author puts forward some suggestions for improvement, including the enactment of the unified law enforcement procedure code of urban management administration in the whole country in legislation. Perfect the existing summary procedure, clear the general procedure, perfect the hearing procedure and strictly abide by the law enforcement procedure in the law enforcement. This is also the final foothold of the thesis.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
本文编号：2153837
[Abstract]:In China, urban management law enforcement is the result of the reform of administrative law enforcement system, and the urban management administrative law enforcement procedure is an indispensable part of administrative law enforcement procedure. Perfecting the administrative law enforcement procedure of urban management can standardize the administrative law enforcement behavior and realize the fairness of the administrative law enforcement procedure. With the acceleration of urbanization in our country, there are many problems in the administrative law enforcement of urban management in China. The reason is that there are many defects in the legislation and law enforcement of the administrative law enforcement procedure of urban management in our country. Therefore, it is necessary to perfect the administrative law enforcement procedure of urban management. The thesis is divided into four parts: in the first part, the connotation and main contents of urban management administrative law enforcement procedure are combed, and the similarities and differences between urban management administrative law enforcement procedure and general administrative law enforcement procedure are introduced. This part is the basic content of the thesis writing; The second part focuses on revealing the legislative problems and law enforcement problems in the process of the implementation of urban management administrative law enforcement procedure, including the lack of a unified law enforcement procedure code in the legislation, and the unreasonable regulation of summary procedure in the existing laws. The general procedure is not clear, the hearing procedure is not perfect and the illegal procedure exists in the implementation. The third part discusses the reasons of the problems, and analyzes the problems from the two aspects of legislation and law enforcement. The last part is the perfection of the administrative law enforcement procedure of urban management in our country. In view of the problems existing in the administrative law enforcement procedure of urban management in the second part of this paper, the author puts forward some suggestions for improvement, including the enactment of the unified law enforcement procedure code of urban management administration in the whole country in legislation. Perfect the existing summary procedure, clear the general procedure, perfect the hearing procedure and strictly abide by the law enforcement procedure in the law enforcement. This is also the final foothold of the thesis.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
【参考文献】
相关博士学位论文 前1条
1 欧阳志刚;行政执法正当性研究[D];中南大学;2012年
本文编号：2153837
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