A Study of the Defying with Violence and It’s Control in Law-Enforcing of City Administration
|Keywords||City administration Law-Enforcing of City administration Defying with Violence|
With the continuous economic and social development of our country, China’s urbanization process has been moved forward. The expanding size of the cities and various interest groups living in the same city makes the urban management even more difficult. In recent years, the repeated incidents of defying with violence happened in law-enforcing of city administration has attracted wide attention. The birth of the“Administrative Punishment Law”in 1996 indicated the establishment of relative concentration in administrative penalty and law-enforcing of city administration in our country, which eased the confusion in administrative penalty in certain extent, but failed to resolve the issue of defying with violence.Based on the basic theory of law-enforcing of city administration and defying with violence, this paper makes detailed analysis of the cause of defying with violence, and puts forward some measures and recommendations for the governance of the defying with violence in law-enforcing of city administration.. This paper consists of four parts:In the first part, the background and significance of this study is described, and there is a review of the current research about law-enforcing of city administration and defying with violence in China, and then there is a description on the research methods and the framework in this paper. In the current stage, China is in an unprecedented process of social transformation, which has brought new shocks and changes in all aspects of society, especially in city administration. Urbanization has also brought many social problems, for example, surge in the flow of population, increasing laid-off workers, traffic jam, environmental deterioration, aggravated social conflict and so on. All those problems can not be evaded. Besides, with the accelerating of China’s urban modernization and internationalization process, and the rapid development of economic society, citizens are chasing higher quality of life and living environment, which lead to increasingly demand for city administration. Although the birth of the Administrative Punishment Law indicated the establishment of relative concentration in administrative penalty, there still lack of guidance from specific and operational laws in actual practice. And because of this, there sometimes leads to various kinds of conflicts, and even worse, which causes the serious harm to the society. Therefore, the study of the defying with violence and its control in law-enforcing of city administration becomes very urgent need to practice workers, and even can provide reference for national legislation and the formulation of relevant policies at all levels of governments. By reading and analyzing the scholars’study on city administration, I realized there existed lots of problems in this imperfect system. But as it is effectual to practice work, it is worth for us to improve it. And this paper is mainly studying on the causes of the defying with violence and the measures of controlling in different aspects in detail.In the second part, there is a description on basic theory about law-enforcing of city administration and defying with violence. At first, there is an introduction about the birth and development of the law-enforcing of city administration in China. And then there is an analysis of the definition of law-enforcing, which should be analyzed on broad and narrow aspects. And this paper used the narrow one. This paper also described the scope and responsibilities of the law-enforcing of city administration, law enforcement agencies and staffing, and made a compare between the law-enforcing of city administration and the centralized right to administer penalties. For exact definition of“defying with violence”, there should be a basic premise. The officers who encountered defying with violence should have warrant before their enforcement activities. That’s important. Besides, the defying with non-violence should not be called“defying with violence”. But they also should be punished in other way. And in this part, I analyzed the subject and object, the characteristic and the harm of the defying with violence.In the third part, this paper makes detailed analysis of the cause of defying with violence from the aspect of micro and macro environment as well as the legal system. Law enforcement officers and the administrative relative people are at the forefront of contradictions. There exist certain problems. And the inherent defects in the law enforcement agencies and lack of co-ordination between government departments as well as the supervision mechanism all are not work well. From a macro level, the aspects of economic, social, cultural psychology and legal are lead to social conflicts and eventually lead to improper handling of conflicts. There exist great imbalances in economic and social development between urban and rural areas, between different regions and between east and west part in China. With the opening up of urban-rural dual structure, substantial population from poverty-stricken areas pouring into developed cities, which give tremendous impact to ways of life, ideas and management concepts in cities. Some of them are in a low level of education, very weak in the understanding in the law and not strong in earning capacity. They can only engage in low-tech career, or even engaging in illegal occupations, which damaged the environment and had a bad impact for city administration. Besides, the insufficient employment and the incomplete social security system in our country also made these people drifted in the city, and so increased the difficulty of city administration. Some people may think earning is not wrong, and they are not care about the environment in the city. Even some citizens support this view and defy the enforcement activities. The lack of law is also an important reason for the cause of defying with violence.In the forth part, from the aspects of administrative system, urban construction and cultural construction, this paper systematically made countermeasures and suggestions for violence anti-method. The control of defying with violence is a systematic project, which running through them is to change our concepts. In the creation of good urban living environment, we need the work of urban management truly serving the people, concerning people’s lives and providing convenience for people. Only in this way can we speed up the process of urbanization, eliminate contradiction and create a harmonious society in China.