城管执法的法律依据问题研究

目前,我国的城管执法缺少全国统一的法律、法规的约束,也没有省一级统一的法律性文件.城管执法依靠借法执法,各地的城管执法政出多门,在执法过程中由于职责不清,经常出现交叉执法、相互推诿等现象.由于主体资格的欠缺和不合格,执法水平低下,经常导致暴力执法等情况的发生.通过对城管执法主体资格、职责范围以及执法体系的分析,探讨城管执法在法律依据上存在的缺陷,提出制定全国性城管执法的法律、法规的建议.

Research on Legal Basis of Administrative Law Enforcement of Urban Management

At present, the administrative law enforcement of urban management in our country lacks of national unified laws and constrains of regulations, also has not the provincial unified legal documents. The administrative law enforcement of urban management relies on law enforcement, and each local urban management is in different departments. Due to the lack of subject qualification, unfit to accomplish and low level of law enforcement, it often leads to violence. Through the analysis of main subject qualification and responsibilities of law enforcement, discussion of the flaws of the urban management law enforcement on legal basis, the paper finally put forward the recommendations on setting up nationwide laws and regulations of urban management law enforcement.