Urban management articles

The face of the city shows the image of the city. Implementing urban management is a way to maintain the image of a city. The following is an article on urban management that I have compiled for you. I hope you like them.

Urban Management Articles: Urban Management Papers

Abstract: The Party's report points out that strengthening social construction is an important guarantee for social harmony and stability. We must promote the construction of a harmonious socialist society from the height of safeguarding the fundamental interests of the overwhelming majority of the people. That is to say, social management should be brought into the empirical study of law, and social management should be strengthened and innovated to achieve the unity of social effect and legal effect.

introduce

On the Spirit of Law is a political and legal work written by Montesquieu and the highest achievement of Montesquieu's political and legal theory. When it was introduced into China, its beneficial contribution to constitutionalism was discussed by most scholars [1-3], but in fact, the empirical research method was quite successful in academic research, especially in legal research. For China's urban management legal system in transition, the empirical research method of law can play an irreplaceable role in system construction and legal application evaluation [4]. This paper only studies the spirit of law from the perspective of research methods, and explores the empirical research methods contained in it, in order to find the corresponding enlightenment and reference for the construction of urban management legal system in China.

First of all, the background of the empirical research of On the Spirit of Law.

Law is the most concentrated and concrete reflection and embodiment of economic life, social life and class relations. To explore the research method of law, we should put it under certain historical conditions and make an objective historical analysis.

The emergence and development of On the Spirit of Law first stems from its profound objective historical background, and also has a great relationship with the author's time and his own growth experience. Montesquieu was born when the feudal autocracy in France was declining and the bourgeois revolution was maturing. Montesquieu, as an observer who has experienced a major historical accident, can't help thinking about his time.

Proposed topic. Although his family's class brand is deeply engraved on him, Montesquieu still tries to make an objective study and description with objective, comprehensive, historical and comparative empirical research methods. As a political and legal work written by Montesquieu with his whole life, On the Spirit of Law also has a unique and brand-new method.

Practice produces true knowledge, and the emergence and development of On the Spirit of Law also stems from its profound social practice background. 1728, Montesquieu, 39, went abroad and began a long-distance academic journey, covering all European countries. On the way, he learned about the politics, laws, cultures and religious beliefs of various countries in detail. Rich political experience and long-term on-the-spot investigation had a profound influence on the formation of his theory, which made him form his own unique research perspective and theoretical characteristics.

The inheritance of law is one of the most commonly used research methods of jurists in past dynasties, and the emergence and development of the research method of On the Spirit of Law also stems from its profound theoretical background. The ideological achievements of the previous generation and contemporary times have had a far-reaching impact on the research methods of On the Spirit of Law. The study of natural law by classical natural law scholars, Aristotle's epistemological philosophy and the development of modern natural science have all influenced the overall and historical comparative empirical research method of On the Spirit of Law.

Second, the content of empirical research on legal spirit

Montesquieu's On the Spirit of Law adopts a superior research method, that is, an objective, comprehensive, historical and comparative empirical research method, which makes his legal works more scientific and practical than ever before.

(A) objective and comprehensive empirical research methods

Unlike 17 and 18 century thinkers, Montesquieu didn't come up with it out of thin air? The spirit of law? , but rely on the analysis of the original data, according to historical data, travelers.

Our records or his own travel experience research. In the method of logical argument, Montesquieu changed the abstract deduction method of metaphysics before17th century, and replaced it with analysis, reduction and rational reconstruction. He is no longer satisfied with the study of the law itself and the complicated interpretation of the legal provisions, but links the law with nature and society, taking the whole society and social phenomena as the research object. The law exists in the society, so we should not look at it in isolation, but look at it from the relationship between law and other things. If the law is regarded as a central thing, then other social objective factors related to it are the essential factors surrounding it and forming the whole society together with it. To study what is the spirit of law, we must take law as the center and make other objective social factors radiate into a whole. You should not only study the law directly through the discussion of the law itself, but also explore the whole law through other objective social factors that affect the law and work together with it.

(B) Empirical research methods of historical comparison

In terms of research methods, Montesquieu has begun to surpass all jurists in the18th century. /kloc-the legal theory in the 0/8th century has no corresponding historical basis, which is also the reason why the theory of natural law was attacked by western law after19th century. But Montesquieu used the empirical research method of historical comparison to combine legal research with historical research. It is this method that makes Montesquieu's research have strong empirical support, thus greatly enhancing the persuasiveness of the research. Later jurist Scrooge once said: When Montesquieu shouted. We should use law to clarify history, and history to clarify law? Now that this maxim has become an accepted principle, it opens a new field of vision for science. He knew that these contents and materials had not been studied by any jurist in a historical way, but he just adopted this method. ? [5] On the Spirit of Law is rich in historical knowledge.

The laws of ancient Greece and Rome, the laws of medieval countries and European countries at that time have been studied repeatedly and deeply, showing people a broad picture of the development and changes of ancient and modern political and legal systems.

Thirdly, the empirical study of On the Spirit of Law has an impact on later generations.

(A) the study of law should be materialistic.

It is of great milestone significance to apply objective and comprehensive empirical research methods in legal research. It can be said that legal theory has taken a step towards materialism through his hands. In the system he constructed, God was excluded, and there were only social and natural objective factors. At that time, when theology ruled everything, this theory was undoubtedly a bomb and disintegrated the important fortress of feudalism? Church rules. Even today, the materials provided by these objective factors are still worthy of our analysis and study.

(2) broadened the horizon of legal research and laid the foundation for the emergence of legal sociology? Aaron pointed out: a history of sociological thought, learning Montesquieu may be confusing. In France, people usually regard him as a pioneer of sociology and think that Auguste? Comte is the founder of sociology? In my opinion, Montesquieu is not a pioneer of sociology, but one of the theorists of sociology. ? [6] At present, sociology of law has sprung up suddenly and become a prominent school in the field of legal theory. However, in the 17 and 18 centuries, law was only an incidental topic. It can be said that modern legal theory is a legal theory under political science.

(3) It has a direct impact on the positivist school of law in the next century.

Since Aristotle, the regime has been described and studied historically, but the whole political science still focuses on normative research. In the Persian alphabet, the rise and fall of Rome

Montesquieu has initially demonstrated a more empirical research idea in his two works "On Causes", and "On the Spirit of Law" only makes this idea richer and more specific. As an important link in the development of human legal thought, On the Spirit of Law is a unique bourgeois legal work. This objective, comprehensive and historical comparative empirical research method actually endows it with unique characteristics and keeps it young forever.

Fourthly, the reference significance for the legalization of urban management in China.

In recent years, legal empirical research has been carried out in full swing in the West [7-9] and also appeared in China. The status of legal empirical research is improving in western countries and China. Speculative research focuses on rational constructive criticism, and empirical research method has the function of making up for the defects of speculative research and inheriting legal knowledge. At present, China's judgment on the legal system is limited to? Good enforcement of the law? ,? There are laws to follow, laws to be followed, and strict law enforcement? It has always been the most important standard in China's legal career, but it seldom considers the merits of the law itself. The empirical research method of On the Spirit of Law is also an inspiration to some domestic jurists who pay attention to abstract legal terms such as rights, culture and human rights and ignore social reality [10]. Legal empirical research has not only become more and more important in system construction and judicature, but also provided impetus for academic reform. For China's legal system in the transitional stage, legal empirical research can give full play to the role of guiding system construction and evaluating the application of law.

At present, there are many problems in urban management in China, which are obvious to all. The reasons for this phenomenon can be considered from many aspects, among which the defect of management mode is one of the important factors. Existing legal means encounter many operational problems in concrete practice, and urban management law enforcement often focuses on fairness and efficiency, public welfare and self-interest.

It is difficult to weigh the trade-offs, so the public lacks trust in it, and then doubts the legitimacy of its law enforcement and the necessity and possibility of its management. Therefore, it is necessary to seek the mutual cooperation between social management means and legal means through empirical research.

Undoubtedly, bringing social management into the legal empirical research comes from the social management needs of China's social reality, rather than some foreign classic theory. In a deep sense, the empirical study of social management law is a more comprehensive construction of the concept of rule of law. Using empirical research and social science method to study social management problems means that strengthening social management does not mean relying solely on law to rule by law. The research on social management in the empirical research of law is not limited to the research on judicial issues. This also means to observe and understand the governance logic at the same level as the rule of law logic, which has a deeper theoretical significance. The specific technical route is as follows:

The report of the Party points out that strengthening social construction is an important guarantee for social harmony and stability. We must promote the construction of a harmonious socialist society from the height of safeguarding the fundamental interests of the overwhelming majority of the people. That is to say, social management should be brought into the empirical study of law, and social management should be strengthened and innovated to achieve the unity of social effect and legal effect.

Urban Management Articles: Urban Management Papers

Mobile stalls occupy the road, which affects the city appearance, hinders traffic and damages the image of the city. It is the focus of administrative law enforcement in urban management, and it is also the focus of urban management? Common diseases? . Because of its strong liquidity, strong repeatability, wide range of points and complex causes, it is difficult to cure. Therefore, it is very urgent and important to study, analyze and solve this problem.

First, the causes and present situation of mobile stalls

Mobile stalls have a long history and complicated causes. Take our city as an example. There are about 1000 mobile vendors in urban areas every day. Most of them are concentrated in schools, hospitals, shopping malls, residential areas, intersections and busy streets. These places are run by mobile vendors, with large population, concentrated crowds and large demand? A treasure trove of feng shui? . Especially during the peak hours when school is over, government agencies are off work, and citizens come in and out, these mobile vendors compete for roads and grab customers, blocking the roads tightly, and hawking, noise and car horns are intertwined. Road market? Very lively.

There are five main types of suppliers. First, laid-off workers. After the economic restructuring and enterprise restructuring, a large number of laid-off workers have been pushed to the society. Because these people are old, they can't find a job for a while, their families have a heavy burden, and they can't stay at home, so they choose this small business with less investment, quick results and low risk. The second is the residents of the village. This part of the people mainly rely on geographical advantages to do some small businesses, especially some middle-aged women and the elderly simply set up stalls around the border and take care of them all the year round. Third, farmers close to cities. These farmers have a strong sense of smallholder. They have to pay all kinds of fees to sell the melons and vegetables planted in the field on the market. If they want to sell them at a high price, they push carts into the city and sell them all the way. The fourth is the old, the weak and the sick. Most of these people have no normal source of livelihood, define themselves as special citizens and have a strong desire for social relief. The fifth is the special group of migrant workers. These people are complex. They cast relatives and rely on friends, form gangs, disobey management, and even make trouble without reason and take revenge. Generally speaking, these mobile vendors have one thing in common, and they are all vulnerable groups. When punishing them, they usually vent their dissatisfaction and losses on the spot and put their grievances on the law enforcement team. Lying in tears? Means, it is easy to arouse the sympathy of onlookers. In case of inciting instigators, law enforcement team members will face siege, abuse and even beating. Law enforcement officers have only three choices: first, call 1 10 to call the police, but far water can't put out a near fire; The second is to run the road and passively give up law enforcement for personal safety; The third is not to talk back or fight back. Since the establishment of the bureau in 2005, there have been two violent anti-law incidents, which have caused more than 30 onlookers. some

After the case is sent to the public security organs, it is often lost because of the difficulty in obtaining evidence and insufficient evidence, which weakens the authority of urban management administrative law enforcement and discourages the enthusiasm of front-line law enforcement team members, making law enforcement work in a passive position.

Second, the main reasons for the difficulties in governance

Why do mobile stalls remain high, and they are repeatedly treated and chaotic? While analyzing its superficial phenomenon, we have to think deeply about a deep-seated problem before us.

First, the existence of mobile stalls has its rationality. Although mobile stalls hinder the appearance of the city, they are the product of the development stage of the market economy, cater to people's consumption psychology, conform to local consumption habits, and are also suitable for the consumption level of many citizens. On the one hand, mobile stalls are welcomed by consumers because of their convenience and benefit to the people; On the other hand, it can make up for the shortage of the market and satisfy the demand of urban residents for shopping nearby.

Second, the lack of professional market leads to no field to enter. The resident population in the urban area of our city is10.3 million, and the floating population is10.3 million. At present, the existing market is far from meeting the needs of the masses. There are only three standardized markets built and used in our city. One is the trade city wholesale market, which was built more than ten years ago and is the main vegetable wholesale market in our city. At the same time, a small amount of retail is also carried out, but the service facilities in the market are incomplete and the sanitary environment is poor. One is the central market of the trade city, which was transformed in 2005, and all kinds of facilities are relatively complete, but there is a problem of market extension. The other is Qianjinling Market, which was built in 2007. The stall of the original Huangshan Road Market was put into operation, which solved the problem of occupying the road in Huangshan Road Market. These three markets are all invested and built by enterprises, and there is a problem of high booth fees. Many vendors are reluctant to enter the market, especially the Qianjinling market. In the second half of 2007, the phenomenon of stall outflow began to appear. In addition, there are two street markets set up by the industrial and commercial departments in the urban area, one is Haifeng Street Market, and the other is Xiaxi Market in the west section of the commercial street. These two markets are in disorder, the market is flooded, the traffic is often blocked, the sanitary conditions are extremely poor, and the masses have a strong reaction. The city is expanding and the population is increasing. The contradiction between supply and demand calls for the market. Take the vegetable market spontaneously formed at the intersection of Huangshan Road and Xinhua Street as an example. There are residential areas, such as Xin District in Xia 'nan, Family Dormitory Area of Chinese Medicine Hospital, Xinyuan Community, Government Dormitory Area of Huangshan Road, Xinhua Community, etc., with as many as 10,000 to 20,000 residents. This shows that the market has great potential demand, and there are places like Jianshe Street West Section, Shengge Community, Huanjian Hotel and Qiujiawa Bridge Head. There are also some property management departments that have set up small markets in residential areas, such as Xiangyang Community. Due to the limitations of venues and other conditions, there are few booths, and some property management departments only charge fees and do not manage them, resulting in many booths spilling over. convect

In the management of mobile stalls, although the Municipal Law Enforcement Bureau has adopted various methods, vendors are optimistic about the market position, and the sales profit is objective, whether it is squatting or surprise management. They have been fighting the law enforcement team for a long time. You enter and I retreat, you retreat and I enter? Guerrilla warfare, which has little effect, is difficult to ban.

Third, the market construction process is affected by the lack of progress. In recent years, although some investors have turned their attention to market construction, they have not made any big moves so far. Investors are worried that no one will enter the market after the market is completed. In fact, operators need to pay management fees such as industry and commerce, taxation and health to enter the market. Get a business license regularly, regardless of whether you earn money or not, while mobile stalls do not need to be handled. What's more, what should business owners observe after entering the market? Rules? . For example, if you are short of weight, customers will come to you; The quality is not guaranteed, and the customer requests to return the goods; Grab business to attract customers, peers have opinions and so on. The cost of entering the market is not much to say. Without the convenience and freedom of mobile stalls, you can go wherever it is easy to sell. In case law enforcement officers come, is the boat small enough to turn around? Fly away, save a lot of troubles and troubles.

Fourth, there is a lack of law enforcement guarantees. Natural persons are punished. First, there is no follow-up guarantee. If the natural person does not accept the punishment, there is no other way. Because law enforcement officers have no right to check their identity cards or even know the identity of the other party, law enforcement cannot be carried out. Second, there is a lack of deterrence in law enforcement, such as investigating illegal activities such as unlicensed mobile vendors, generally forcibly banning or temporarily detaining items, and there is no means of sanctions against offenders, which has not played its due role.

After the establishment of the Municipal Law Enforcement Bureau, although every effort has been made to manage it, the mobile vendors are still wandering outside the market driven by interests, and the law enforcement is still unable to get out? Governance-rebound-governance-rebound again? This strange circle.

Third, suggestions and countermeasures

The management of mobile stalls is a professional, complex and socialized systematic project, which must be handled in accordance with objective laws and requires the joint efforts of all functional departments and the whole society. Below, combined with the actual situation in our city, I will briefly talk about some understandings:

First of all, increase support for socially disadvantaged groups. Should we really build it? People-oriented? Thought, update the concept of law enforcement, broaden the channels of training and employment, encourage them to start businesses and change careers, enter the market, and fundamentally solve these people's life and employment problems.

Secondly, strengthen exchanges and cooperation between urban planning, business administration, administrative law enforcement, property management and other departments. Act in strict accordance with the laws of the market economy, adhere to the principle of first dredging and then blocking, and treat both the symptoms and root causes. Scientifically and rationally plan the market, standardize market management, strengthen supervision and guide mobile vendors to enter the market. All functional departments should cooperate closely and perform their duties to promote the standardization of the market. In the reconstruction of villages in cities, the reconstruction of old cities and the planning of new residential areas, it is necessary to reserve a good market position and build a convenient market; In the transformation of urban roads, green land should be appropriately reduced, and a small number of markets and fixed stalls should be set up in the morning and evening.

Third, vigorously optimize the social security environment and law enforcement environment. Law enforcement officers have been fighting in the front line for many years, always dealing with citizens and ordinary people, at the intersection of various social contradictions, and often encounter situations that hinder law enforcement and violently resist the law. Therefore, it is very important to win the support of superiors and all sectors of society for urban management administrative law enforcement. It is necessary to intensify law enforcement propaganda and make great efforts to build? Urban management law enforcement, public security law enforcement, court justice? And the law enforcement environment strongly supported by the rectification department.

Fourth, vigorously cultivate a vigorous law enforcement team. The vast number of law enforcement officers have been fighting in the front line for many years. Without holidays and sundays, their work is monotonous. They are often scolded and scared all day. In addition, their work is risky, poorly paid and not respected. Law enforcement officers are prone to depression and war-weariness. Only vigorously promote? Humanistic care? Project, strengthen professional dignity education, in order to protect and mobilize the enthusiasm of front-line personnel, and keep the vitality and vitality of this young law enforcement team forever.

Fifth, innovate law enforcement methods and improve law enforcement effects. Combined with the actual situation of our city, the urban road sections are classified and managed, and Shengli Street, Yinjin Avenue, Outer Ring Road, Qingshan Road, Dongshan Road and Shenzhen Road are classified as first-class road sections, and refined management is implemented; Commercial Street, Xinhua Street, Tianjin Road, Guangming Street, Jianshe Street, Huangshan Road, Fushan Road and other sections are classified as Class II sections, and standardized management is implemented; Divide other small streets and lanes and urban-rural junction into three types of road sections and implement humanized management. Carry out the walking duty mode, adopt the combination of blocking and sparse, and set up a number of convenience markets. Specific measures are as follows:

1. Refinement of first-class road section management. Highlight the management details and strictly manage the standards for the first-class road sections. First, the staffing is refined. First-class road sections are equipped with law enforcement officers with high quality and strong sense of responsibility, and posts, responsibilities, standards, rewards and punishments are implemented? Four decisions? Management ensures uninterrupted time and no dead ends; The second is the refinement of business assessment. In order to achieve a high standard of the first-class road section management and ensure long-term, the business assessment of the first-class road section should be supervised once a day, notified once a week, assessed once a month, assessed once a quarter and comprehensive at the end of the year.

Evaluation, through seamless management to maintain continuous effect; The third is the refinement of the operating mechanism. Establish internal coordination mechanism, linkage mechanism and rapid response mechanism between departments and squadrons to ensure high-standard first-class road section management with the shortest time, the least links and the best effect; The fourth is the refinement of work measures. Fight? Model street? 、? Demonstration road? Activities enable law enforcement officers to set an example and have a goal.

2. Standardize the management of secondary road sections. Highlight the standardization of the order and management of secondary road sections, focus on solving the problem of frequent and repeated stalls, and gradually extend the management experience of primary road sections to secondary road sections to achieve the goal of gradually improving standards and gradually aligning with primary road sections. First, the standardization of law enforcement to ensure the implementation of standardized management standards for secondary road sections; The second is to standardize the management of stalls, move and ban the stalls on secondary roads with serious problems, and properly arrange stalls for auto repair, cold drinks, newspapers, fruits and snacks at locations that do not affect the appearance and traffic of secondary roads, so as to solve the practical difficulties of some business households. Stalls should implement unified management tools, unified hygiene and cleaning, and strive to form? A road, a style? This model turns difficulties into bright spots.

3. Humanized management of three types of road sections. Highlight the humanized management of three types of road sections, adhere to people-oriented and serve the people, and actively create conditions to meet the various needs of the general public on the basis of ensuring the appearance order. In view of the unreasonable market setting and the small number of convenience markets in urban areas, combined with the fact that the three types of road sections are mainly located in small streets and close to residential areas, extensive investigation and research are carried out, scientific planning and rational layout are carried out, multiple convenience markets are set up, fixed time and road section management are implemented, and measures such as wrong time management and multi-line value are adopted, which not only facilitates the daily life of citizens, but also solves the problem of stalls occupying roads, which not only ensures the appearance of the city, but also promotes economic prosperity.

Urban management: Do you still need urban management? Civilization? Pipes/pipes

One? Wuhan urban management rectified midnight snack, deaf-mute diners persuaded the injured to be hospitalized? The picture once again attracted the attention of netizens, and also pushed the special profession of urban management to the cusp of public opinion again.

As an emissary of maintaining urban civilization, urban management has been exposed many times for improper law enforcement, from Nanjing? Slipped? Urban management steps on vendors and goes to Wenzhou? Barbarians? Urban management beat up deaf-mute couples, and then recently? Jump? Urban management kicked the oil pan and burned the teenagers. Scenes directly point to the urban management law enforcement behavior. Urban management? Into an evil spirit? Fish and people? what's up Class enemies? Yes

As we all know, many countries do not have such a law enforcement team as urban management, and the police are responsible for the unified law enforcement of urban management. The police are not only in charge of criminal offences and social order, but also in charge of setting up stalls, parking, building houses and begging. In China, before 1990s, there was no urban management, and the law enforcement power of urban management belonged to the police.

During the period of 1997, the first urban management team was established in Beijing on a pilot basis, and then it was extended to the whole country. However, due to unclear legal authorization, unclear powers and uneven personnel, there are many problems in the process of law enforcement, and violent law enforcement and resistance to the law have been staged repeatedly, and people are full of complaints.

Of course, the urban management with a bright appearance and a sour heart also has its hidden secrets. Face? Is it reasonable for a scholar to meet a soldier? Difficult suppliers, such as? When Wuhan Urban Management rectified the nightingale shop, the urban management department repeatedly failed to stop it because the nightingale shop occupied the road at night. Last night, the urban management department organized personnel to carry out key rectification. The staff of the store did not cooperate with law enforcement and chopped two urban management personnel with a kitchen knife. ? It can be said that being soft has no effect, and being hard or a little rough is accused of violent law enforcement and barbarism. On the one hand, it represents the organs of state power and is a strong one; On the other hand, unarmed people are weak. For the weak, our consistent practice is sympathy and pity, so the disparity in identity is also doomed? Urban management? Be pushed into the whirlpool of public opinion.

Of course, it is undeniable that the above phenomenon is only an example and does not represent the working status of all law enforcement personnel engaged in urban management, but as the saying goes? A smelly fish stirs up a pot of fishy smell? If governance is not standardized, it will not only make people lose trust in law enforcement agencies, but also easily corrupt the atmosphere, lead a bad team and form a bad atmosphere? A role model? The power to make this violent and barbaric trip? Become a common practice? .

To this end, the author believes that the formulation and improvement of urban management laws and regulations, advocate? Civilized urban management? It is imperative. This can not only impose necessary legal constraints on privileged organs, but also make the amount and intensity of law enforcement more fair and transparent, and ensure the fairness and justice of law enforcement results; It can also make their teachers famous and have laws to follow, and avoid excessive phenomena in the process of law enforcement. At the same time, small business hawkers should also regulate their own behavior, and they should not set up stalls at will in order to make a small profit. This will not only damage the image of the city, but also give urban management a chance to punish them.