城管行政自由裁量权失控的现状及原因分析

On the Incontrollable State of Administrative Power to Urban Management Officers' Discretion and Reason Analysis

城管行政自由裁量权的行使具有其必要性。就目前而言,城管行政执法自由裁量权存在着失控的现象,表现为:立案的主观性;执法标准的不确定性;执法与否的模糊性;执法程序和期限的随意性;执法目的的违背性。而城管行政执法自由裁量权之所以不能做到公正的行使,并且出现失控的现象,其原因是复杂的:既有体制方面的原因,也有立法方面的原因,更有监管队伍的素质方面的原因及社会干扰的原因。

It is necessary for urban management officers to execute administrative power to discretion. At present the administrative power to urban management officers＇ discretion is incontrollable in the facts that the case put on record is subjective, the standard of law enforcement is uncertain and even ambiguous, the procedure and duration of law enforcement is arbitrary and the purpose of law enforcement is deviated. The reasons behind are complex： partly due to the system, partly due to legislation, partly due to the quality of urban management officers and partly due to the society.