我国城市管理综合行政执法中存在的主要问题及对策研究
发布时间：2018-08-23 20:33
【摘要】：随着经济、社会的迅速发展，我国城市化进程不断加快，城市化带给人们的是优越的学习、工作、生活环境。但是，人们在充分享受城市发展带来的便利的生活条件、先进的医疗技术、发达的现代科技等丰硕成果的同时，也被诸如外来人口增多、流动人口激增、占道经营、就业压力增大、社会分层更加复杂、社会冲突明显增多等由于城市化速度加快而带来的问题所困扰。面对这些新的、跨领域的城市问题，原来由各部门“分兵把守，各管一摊”的行政管理体制已经无能为力，传统的观念和管理方式己经不能够适应现代城市管理的需要。我国城市管理综合行政执法工作就是在这样的环境下开始的。它的出现是为了解决城市管理中行政执法队伍繁多，人员冗杂，执法力量分散，部门间职能交叉严重，执法过程中扰民现象严重，效率低下等一系列问题。从1996年,《行政处罚法》对“相对集中行政处罚权”做出界定后开始，我国城市管理综合行政执法已经有十多年的历史，在这段时间里，综合行政执法工作取得了巨大的成就，在一定程度上，有效地解决了职能交叉，人员冗杂，效率低下等问题。但是，，在日常的执法活动中，由于缺乏必要的法律依据，执法程序不够完善，执法队伍人员组成复杂，执法方式过于简单，导致暴力执法和暴力抗法现象经常发生，严重影响着城市管理综合执法工作的正常开展。在对我国城市管理综合执法的现状进行较客观的分析后，本文从立法、执法理念、执法方式、执法人员素质等方面进行探讨，试图在某种程度上能够对我国城市管理综合行政执法的实践工作有所帮助。 本文分为四部分，第一部分，对选题背景、研究意义等方面进行阐述。第二部分，对城市管理综合行政执法领域内的有关概念进行说明，并且就城市管理综合行政执法的理论依据和法律依据进行了探讨，进而对我国城市管理综合行政执法有更全面的解析。第三部分，阐述了我国城市管理综合行政执法的现状，包括我国城市管理综合行政执法的执法模式，已经取得的成就，以及存在的不足之处，并指出导致不足出现的原因，通过对原因的综合分析，针对这些原因，提出相应的措施。第四部分，当前形势下，通过认识城市管理综合行政执法中存在的不足，提出具有针对性的建议、措施并展开论述，以期在某种程度上对我国城市管理综合行政执法的理论和实践工作提供参考。
[Abstract]:With the rapid development of economy and society, the process of urbanization in our country is speeding up, and urbanization brings people superior learning, working and living environment. However, while fully enjoying the convenient living conditions brought about by urban development, advanced medical technology, developed modern science and technology, and so on, people are also being managed by people such as an increasing number of people from abroad, a surge in the floating population, and a great deal of business. The employment pressure increases, the social stratification becomes more complex, the social conflict increases obviously, and so on. In the face of these new and cross-domain urban problems, the administrative management system, which is originally controlled by various departments, has been powerless, and the traditional concepts and management methods have been unable to meet the needs of modern urban management. Our country city management comprehensive administration law enforcement work is under this kind of environment to begin. Its appearance is to solve a series of problems such as numerous administrative law enforcement teams, jumbled personnel, scattered law enforcement forces, serious interdepartmental functions, serious disturbing phenomenon and low efficiency in the process of law enforcement. Since 1996, after the definition of "relatively centralized administrative punishment power" in the "Administrative punishment Law", the comprehensive administrative law enforcement of urban management in China has had a history of more than 10 years. During this period, the comprehensive administrative law enforcement work has made great achievements. To a certain extent, it effectively solves the problems of overlapping functions, jumbled personnel, low efficiency and so on. However, in the daily law enforcement activities, due to the lack of the necessary legal basis, the law enforcement procedures are not perfect, the composition of the law enforcement team is complex, and the law enforcement method is too simple, which leads to the phenomenon of violent law enforcement and violent resistance to the law. Seriously affects the urban management comprehensive law enforcement work normal development. After an objective analysis of the current situation of comprehensive law enforcement of urban management in China, this paper discusses the legislation, the concept of law enforcement, the way of law enforcement, the quality of law enforcement personnel, and so on. To some extent, it can be helpful to the practice of comprehensive administrative law enforcement of urban management in China. This paper is divided into four parts, the first part, the background of the topic, research significance and other aspects to elaborate. In the second part, the related concepts in the field of comprehensive administrative law enforcement of urban management are explained, and the theoretical and legal basis of comprehensive administrative law enforcement in urban management is discussed. Furthermore, there is a more comprehensive analysis of comprehensive administrative law enforcement of urban management in China. The third part expounds the present situation of comprehensive administrative law enforcement of urban management in our country, including the law enforcement mode of comprehensive administrative law enforcement of urban management in our country, the achievements that have been made, and the shortcomings, and points out the reasons for the insufficiency. Through the comprehensive analysis of the causes, the corresponding measures are put forward for these reasons. The fourth part, under the current situation, through the understanding of the shortcomings in the comprehensive administrative law enforcement of urban management, puts forward targeted recommendations, measures and discusses, In order to provide some reference for the theory and practice of comprehensive administrative law enforcement of urban management in China.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D630
[Abstract]:With the rapid development of economy and society, the process of urbanization in our country is speeding up, and urbanization brings people superior learning, working and living environment. However, while fully enjoying the convenient living conditions brought about by urban development, advanced medical technology, developed modern science and technology, and so on, people are also being managed by people such as an increasing number of people from abroad, a surge in the floating population, and a great deal of business. The employment pressure increases, the social stratification becomes more complex, the social conflict increases obviously, and so on. In the face of these new and cross-domain urban problems, the administrative management system, which is originally controlled by various departments, has been powerless, and the traditional concepts and management methods have been unable to meet the needs of modern urban management. Our country city management comprehensive administration law enforcement work is under this kind of environment to begin. Its appearance is to solve a series of problems such as numerous administrative law enforcement teams, jumbled personnel, scattered law enforcement forces, serious interdepartmental functions, serious disturbing phenomenon and low efficiency in the process of law enforcement. Since 1996, after the definition of "relatively centralized administrative punishment power" in the "Administrative punishment Law", the comprehensive administrative law enforcement of urban management in China has had a history of more than 10 years. During this period, the comprehensive administrative law enforcement work has made great achievements. To a certain extent, it effectively solves the problems of overlapping functions, jumbled personnel, low efficiency and so on. However, in the daily law enforcement activities, due to the lack of the necessary legal basis, the law enforcement procedures are not perfect, the composition of the law enforcement team is complex, and the law enforcement method is too simple, which leads to the phenomenon of violent law enforcement and violent resistance to the law. Seriously affects the urban management comprehensive law enforcement work normal development. After an objective analysis of the current situation of comprehensive law enforcement of urban management in China, this paper discusses the legislation, the concept of law enforcement, the way of law enforcement, the quality of law enforcement personnel, and so on. To some extent, it can be helpful to the practice of comprehensive administrative law enforcement of urban management in China. This paper is divided into four parts, the first part, the background of the topic, research significance and other aspects to elaborate. In the second part, the related concepts in the field of comprehensive administrative law enforcement of urban management are explained, and the theoretical and legal basis of comprehensive administrative law enforcement in urban management is discussed. Furthermore, there is a more comprehensive analysis of comprehensive administrative law enforcement of urban management in China. The third part expounds the present situation of comprehensive administrative law enforcement of urban management in our country, including the law enforcement mode of comprehensive administrative law enforcement of urban management in our country, the achievements that have been made, and the shortcomings, and points out the reasons for the insufficiency. Through the comprehensive analysis of the causes, the corresponding measures are put forward for these reasons. The fourth part, under the current situation, through the understanding of the shortcomings in the comprehensive administrative law enforcement of urban management, puts forward targeted recommendations, measures and discusses, In order to provide some reference for the theory and practice of comprehensive administrative law enforcement of urban management in China.
【学位授予单位】：吉林财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D630
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