城管行政强制权研究--兼对《行政强制法》的立法建议

Study on the Administrative Enforcement Power Exercised by City Administrative Departments——Proposals for the Draft Administrative Enforcement Law

对城管应不应当具有行政强制权、行使的行政强制权合不合法等问题,实践中存在不同看法。本文认为,适当的行政强制权是城管执法的必需。目前城管行使的行政强制权有合法性之忧,因此应当在正在制定的《行政强制法》中规定城管执法机关有权行使有关法律、法规规定的与集中行使行政处罚权相关的行政强制权。

There has long been controversy over the theoretical grounds and legal basis of the administrative enforcement power exercised by city management departments. This Article submits that city management departments must have necessary administrative enforcement power commensurate with the law - enforcement functions they are performing. Under the current legal framework, however, the legality of the administrative enforcement power exercised by city management departments is ambiguous and therefore subject of criticism. Accordingly, it is desirable that the draft Administrative Enforcement Law specifies the administrative enforcement power to be exercised by city management departments, which are indispensable for performing the statutory power concentrated in their hands to impose administrative penalties.