Analysis Of The Application Of The Principle Of Proportionality In The Law Enforcement Of Urban Management In Chongqing

Since the reform and opening up,China's urbanization has developed rapidly.As the scale of urban development continues to expand and the level of urban construction gradually improves,the management tasks of maintaining a clean and orderly urban appearance and environment and orderly urban operation become increasingly onerous.In this background,the administrative punishment law of the People's Republic of China promulgated in 1996,on the system of relatively centralized administrative punishment power of clearly established,and make clear a regulation: "the state council or the people's governments of provinces,autonomous regions and municipalities directly under the central government authorized by the state council may decide to an administrative organ exercise the relevant administrative authority of administrative punishment,but the restriction of personal freedom administrative punishment can only be exercised by the public security organs." Based on the combination of legal,economic and administrative factors,the administrative law enforcement organ of urban management was born,and is responsible for exercising the law enforcement power of managing the urban appearance and environment,municipal facilities and environmental sanitation.However,the establishment of relatively centralized punishment power system makes part of centralized administrative power overlap with the old administrative power.In the process of running the comprehensive enforcement power,there are also some problems,such as poor communication channels between the upper and lower levels,weak coordination and connection between departments,inconsistent quality of law enforcement personnel and imperfect laws and supervision systems.There is a certain gap between the improvement of the comprehensive administrative law enforcement system and the administrative management needs generated by China's economic transformation and rapid social development,which leads to an increasing number of problems in the field of urban management and the diversification of social conflicts arising therefrom.In the practice of law enforcement of urban management,the credibility of law enforcement departments tends to decrease,because law enforcement disputes caused by their law enforcement actions often occur,and even the rationality of their power is questioned by the public.Affected by this,the normal implementation of law enforcement activities of urban management is hindered to some extent.Based on the background,combined with the specific application of proportion principle of administrative law in urban management law enforcement,this paper mainly focuses on the following ideas: first,the concept and meaning of comprehensive administrative law enforcement of urban management are briefly elaborated,and its characteristics,development process and background are analyzed.Secondly,taking some typical cases of law enforcement of urban management in chongqing as examples,this paper analyzes the current situation,problems and reasons of law enforcement of urban management in chongqing,as well as the application status of proportion principle in law enforcement of urban management.Thirdly,based on the analysis and research of the current situation of the application of the principle of proportion in urban management and law enforcement in chongqing,the necessity of the application of the principle of proportion in urban management and law enforcement is introduced.On the basis of defining the concept and connotation of the principle of proportion,based on the requirements of the principle of administration according to law and the principle of reasonable administration,the applicability of the principle of proportion in urban management and law enforcement is explored,so as to balance the interest ratio between the order of urban management and the rights of administrative counterparts.Fourth,under the overall requirements of comprehensively governing the country by law and building a socialist country under the rule of law,this paper analyzes the practical value of the principle of proportion in chongqing's urban management and law enforcement,and discusses how to realize the application of the principle of proportion in urban management and law enforcement.In the end,the author thinks about the ways and methods of applying the principle of proportion in the enforcement of city management in chongqing so as to help and promote the current development of city management in chongqing and the protection of citizens' legitimate interests.