城管执法冲突何以形成——基于嵌入式执法的分析

What is the Reason for the Urban Management Enforcement Conflict Analysis based on Embedded Law Enforcement

当前学术界对城管执法冲突的成因分析,要么归结于法律法规制度不够完善导致城管执法权的运行缺乏严格程序限制;要么认为城管执法主体缺乏有力的强制权,主张赋予城管执法主体一定的行政强制权以应对城管执法中的冲突问题。实际上,城管执法冲突问题是由复杂的社会形势、行政体制和街头执法空间等各种因素共同导致的结果。社会结构阶层化与利益关系市场化造成不同社会利益阶层和利益群体间不断发生矛盾和冲突,是城管执法冲突形成的深层次社会因素;地方政府促进经济发展与保持社会稳定的体制目标之间的摇摆所形成的行政压力,是城管执法冲突形成的体制性因素;街头空间的开放性与不确定性所导致的执法风险是城管执法冲突的外在诱发因素。

There are two main reasons for the conflict of law enforcement in urban management. On the one hand, due to the lack of legal and regulatory system is not perfect, resulting in the lack of strict procedures for the enforcement of urban management enforcement. On the other hand, the authors think that the main body of urban management law enforcement is lack of powerful coercive power, and advocates that the administrative enforcement power of urban management law enforcement subject should be given to deal with the conflict in urban management law enforcement. In fact, the conflict between urban management and law enforcement is the result of a variety of factors such as complex social situation, administrative system and law enforcement space on the street.The stratification of social structure and the marketization of interest relations cause the conflicts and conflicts between different social interest groups and interest groups. This is a deep-seated social factors in the formation of urban management law enforcement conflicts.The administrative pressure caused by the swing of the local government to promote economic development and social stability.This is the formation of urban management law enforcement conflict of institutional factors.In addition, the law enforcement risk caused by the openness and uncertainty of the street space is the external inducing factors of the conflict of law enforcement.