从命令到协商:中国城管执法模式的转变与构建

Consultation no Command:Construction of Urban Management of Law Enforcement Mode in China

城管执法问题的解决需要通过执法方式的创新来求取公共权力与个人权力、公共利益和个体利益之间的平衡。当前的城管命令式执法方式运行单向,偏向事后执法,过程封闭,程序不规范。而协商式执法作为一种双向执法、事前执法、沟通执法和权责分明的执法,能更好地促进公权力的合理分配,赋予执法合法性和有效性,激发公共理性,促进执法程序合理。协商式执法的构建要求政府构建协商式执法理念和工作方式,促进多元主体间的沟通,健全法律法规,积极增强公民认同。

To solve the issue of law enforcement of the urban management is to need the innovation of enforcement, to seek the balance between the public power and the individual right. The present urban management imperative law enforcement is operated in one way, and the enforcement process is not opened as the enforcement is carried out after the case is closed. The procedure is not in normality. However the negotiation way to enforce law is the two-way procedure, i.e. pre-acting to discuss the right and responsibility that is more promoting the public power reasonable sharing. The consultation way of law enforcement can promote the communication of multiple subjects. It is to improve laws and regulations that it is to urge the people awareness of law enforcement.