In recent years, contradictions and conflicts caused by urban management law enforcement have occurred frequently. On the one hand, it makes the work of urban management personnel in the front line of law enforcement conflicts difficult, on the other hand, it also makes the people complain about urban management.
What should urban management do? How to improve law enforcement efficiency and ensure social harmony? Yesterday, the Regulations on Administrative Enforcement of Urban Management in Guizhou Province (Draft) was submitted to the 13th meeting of the Standing Committee of the 12th Provincial People's Congress for deliberation.
Supervisor:
"Supervisor" Urban Management of Housing Construction
The bill proposes that the provincial administrative department of housing and urban and rural construction is the provincial administrative department of urban management and the operational guidance department of comprehensive administrative law enforcement of urban management in the province, guiding and supervising urban management and its industry law enforcement.
City, state and county people's governments are responsible for urban management, and their urban management administrative departments are responsible for urban management administrative law enforcement within their respective regions. The urban management administrative law enforcement departments of the people's governments at or above the county level may, with the approval of the people's governments at the corresponding levels, send law enforcement officers to street offices (communities), towns and other specific areas.
The "Regulations (Draft)" proposes that the administrative law enforcement of urban management shall be territorial management, and the administrative law enforcement department of urban management in the place where the illegal act occurs shall be under the jurisdiction of its functions and powers. For illegal cases that have great influence or cross-regions, they may be under the direct jurisdiction or designated jurisdiction of the superior competent department of the same company.
Law enforcement:
City appearance and environment, municipal facilities, gas and water supply management, drainage and sewage treatment, and greening are all managed.
The Bill proposes that the functions and powers of the urban management administrative law enforcement department include, according to relevant regulations, investigating and punishing the unauthorized occupation of urban roads and other public places to set up stalls, sell goods, pile up materials, build buildings and structures on both sides of streets and public places without authorization, set up outdoor advertising facilities without authorization, and put dogs and other livestock and poultry in urban public places without authorization. Dumping, dumping garbage, sewage, oil pollution and waste gas in urban roads, rivers and public places, disposing of urban construction garbage, domestic garbage and kitchen garbage without authorization, vehicles throwing (leaving) gravel and muck on urban roads to pollute roads, and other illegal acts that affect urban appearance and environmental sanitation, damage environmental sanitation facilities, and fail to pay relevant fees for appearance and environmental sanitation according to regulations.
Occupy and dig urban roads, damage urban roads, bridges, drainage facilities, underground pipeline facilities, failure to set up urban landscape lighting facilities and damage urban lighting facilities and other illegal acts; Unauthorized operation, illegal operation, harm and damage to city gas facilities without obtaining the city gas business license are also included in the investigation scope of the city management administrative law enforcement department.
Failing to repair the water supply facilities in accordance with the provisions or failing to repair them in time after the failure of the water supply facilities, dismantling, modifying or relocating the urban public water supply facilities without authorization, and directly connecting the self-built water supply pipe network system with the urban public water supply pipe network system without authorization; Failing to discharge sewage into urban drainage facilities as required, discharging sewage into urban drainage facilities without obtaining a permit to discharge sewage into the drainage pipe network, and dismantling or changing urban drainage and sewage treatment facilities without authorization; Damage to urban green space, flowers and trees, landscaping facilities and indiscriminate felling of trees; Illegal construction and other illegal acts without the approval of the competent department of urban and rural planning also belong to the scope of investigation by the administrative law enforcement department of urban management.
Punishment:
Rough law enforcement, taking advantage of his position to ask for and accept property, will be subject to administrative sanctions.
It is proposed in the bill that the urban management administrative law enforcement department and its law enforcement personnel cannot implement administrative punishment or administrative compulsory measures according to legal procedures or in violation of legal procedures; Rough law enforcement, causing personal or property damage to citizens and losses to legal persons or other organizations; Interception, misappropriation, dividing up confiscated property or using sealed-up or distrained property; Taking advantage of his position to ask for or accept other people's property; Failing to perform duties according to law, resulting in serious consequences; And other personnel who abuse their powers, neglect their duties or engage in malpractices for selfish ends, the unit to which they belong, the administrative organ at a higher level or the supervisory organ shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
Urban management administrative law enforcement departments and their law enforcement personnel shall be liable for compensation if they exercise their functions and powers in violation of the law and cause damage to the legitimate rights and interests of citizens, legal persons or other organizations.