Study On The Legal Status Of Street Traders

With the deepening development of China’s urban management,the public has beenwidely recognized and accepted by street traders become "illegal immigrant traders," manycities have developed policies and regulations related to street traders trying to ban, but theformulation of regulatory policy must be consistent with the practical side of social can beeffectively implemented. At the present stage, street traders as a small-scale commercialoperations for the industry, the existence of the majority group, is responsive to communityneeds, is the product of the times, top-down policy will not proscribed by the stage of history.Policy and reality in the context of discrepancy, street traders and the increasing conflictbetween city managers and public opinion aroused wide attention. Social aspects of problems,social problems should not put the blame on the victims, but should denounce the source ofproblems arise. In the study of law, street traders as a legal concept of research and have notbeen emphasis on street traders the legal status of the research is fragmented, the majority ofmonographs or articles just in the study of the main commercial system or commercialregistration system when a simple reference to street traders problems; in the legal system,legislation on street traders and not adapt to meet our management and protection of streettraders. Therefore, the legal status of the street traders begin to think, to explore the root of theproblem, a good way to find a solution, the street traders can avoid the impact on the urbanenvironment, but also legislation to protect small-scale operators as street traders of thelegitimate rights and interests against.This paper studies the street traders the basic theory to start, collaborative street tradersHistory and legal regulation status quo and strive for the street traders the legal status of theidentification lay the theoretical and practical foundation in the identified small vendors legalstatus, the analysis of small vendors legal status specific legal construct, in order to study thelegal status of street traders logical and well-founded and has practical.Specifically, this first part is mainly the basic theory of street traders. First, define theconcept of street traders, street traders are not our concept of the existing legal norms, it willbe to research articles, comprehensive academic concept for several small vendors define, outline the significance of this study the concept of street traders; secondly, with the conceptof street traders, street traders to extract the relevant legal characteristics; again, the streettraders and related legal concepts such as small businessmen, business person, businessnatural comparative study to analyze the similarities and differences; Finally, the elaboratestudy of China’s street traders bottlenecks, indicate the difficulties lie, research firmdetermination.The second part is mainly of the street traders and the History of the development statusof legal regulation. First, street traders introduced the history and current situation, with theenlightenment of human business, street traders will be indispensable as a subject in humanhistory, evolving business, though going through ups and downs, but has not changed; Second,the study of street traders legislation, foreign experience, for our street traders of thelegislative reference; again, analysis of the street traders of the legal regulation of the statusquo and problems in the legislation to change and improve the delivery basis; Finally, theanalysis of street traders value of existence, is Because the majority of street traders as agroup exists in our society, but there is no legal protection and rational management, whichgenerated a lot of social problems, which show a lack of law, therefore, the legal status ofstreet traders imminent.Part of the study support the first two, the third part of the cut to the chase, the legalstatus of street traders to discuss the specific problem of identification. First, the main supplierfor the definition and classification, which is for the street traders are the main business, whatare the main supplier of great significance; Secondly, the legal status of the street traders forsummary and analysis of academic controversy, as this determined the legal status of streettraders provide reference and reference; again, sales right as the research center for streettraders, confirming the legal status of the legal basis for;then, clearly this point of view, streettraders should be included in the main business, commercial law, adjusted by the standard;Finally, the analysis of street traders into the main business necessity and practicalsignificance, enhance argument.The fourth component is the formation of a finding of legal status after street traders how to build a specific legal concept. First, the proposed legislative norms of street traders, streettraders in China that the specific laws and regulations by which to regulate; Secondly, theissue of registration of street traders, and propose specific solution; Finally, the face ofwidespread public concern about the small community traders and the conflict between citymanagers, this paper proposes five solutions to the legal status of street traders in theidentified cases, to make it in harmony with the urban management, and commondevelopment.