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In view of the phenomenon of "occupying the sidewalk outside the school gate without authorization to sell sweet potatoes, sugar fried chestnuts and other stalls": 1. What is the basis for administrat
In view of the phenomenon of "occupying the sidewalk outside the school gate without authorization to sell sweet potatoes, sugar fried chestnuts and other stalls": 1. What is the basis for administrative punishment for these acts? Hey, hey, the layman came to answer in disorder:

1. The plot is at least suspected of violating two articles: operating without a license and occupying the road. The subject of law enforcement shall be dealt with according to the Administrative Punishment Law of the People's Republic of China and relevant local administrative measures.

2. according to the provisions of the punishment law, the general procedure should be applied to the punishment of unlicensed vendors who confiscate illegally operated goods and tools. However, in view of the mobility of unlicensed business activities, the illegal goods and tools are difficult to implement after taking measures on the spot. When investigating illegal business activities without a license, the relevant law enforcement departments can make a "decision of first registration and preservation" on the illegal goods and tools according to the provisions of Article 37, paragraph 2, of the Punishment Law, and save them in different places. Then, within the statutory time limit of first registration and preservation, they can make a penalty decision of confiscating their illegal goods and tools in a timely manner according to the general procedure of administrative punishment. In other words, some materials are mainly withheld before receiving fines or education.

3. My suggestion: ① The local government should issue detailed regulations on management punishment (refer to the formulation methods of urban management punishment basis in developed cities such as Beijing), so that the law enforcers can follow the law and be convinced by the law enforcers, which will better promote the administrative organs to exercise their administrative power according to law and protect the legitimate rights of vendors from infringement. (2) improve the supervision and management mechanism of law enforcers, and such problems cannot occur. Only when the media participates can someone come out to take care of them. (3) After the regulations are formulated, the relevant regulations should be popularized and the punishment process should be as transparent as possible.

In order to completely solve such social problems, other relevant departments should actively cooperate and plan and manage.

For example, the problem of stall vendors at the school gate, in addition to punishing and educating vendors who set up stalls indiscriminately, we can plan to open a commercial area or even a stall area near the school, implement standardized management, and formulate reasonable booth fees. This also solves the business needs of the school.

I hope it can be adopted, haha.