State regulations on off-campus vendors

From now on, the urban management team in Beijing will carry out the action of 1 year to rectify the law enforcement team. When citizens find nine illegal acts such as fines imposed by urban management, they can directly call 963 10 to report. In addition, the Municipal Urban Management Law Enforcement Bureau will strengthen cooperation with the urban discipline inspection and supervision departments and seriously investigate and deal with internal disciplinary cases. (Jinghua Times165438+1October 26th).

"Standardization of urban management law enforcement" is not only a matter of great concern to ordinary citizens, but also to vendors. The situation of "cat and mouse" between urban management and vendors appears in the streets every day. Vigorously rectifying the urban management team has become an inevitable requirement of the rule of law.

At the same time, vendors should learn to use legal weapons to safeguard their legitimate rights and interests. As citizens who make a living by labor, vendors also have the right to protect their private property from arbitrary infringement. In my neighborhood, there is an old country man selling popcorn in the street. His popcorn is very fragrant and sweet, and I can smell the attractive smell in the air from a distance. I bought a bag when I passed by that night. I asked him, "why don't you sell it during the day?" Many people like to eat. " He said: "There are urban management during the day, but not at night. Once the urban management confiscated my tricycle, I didn't want to come back until I gave them 300 yuan. " I asked again, "Did they show you the law enforcement certificate? Have you issued a formal ticket? " He said, "Nothing, not even a ticket. We are country people who have never seen the world. Who knows this? As long as they don't confiscate tricycles. "

Indeed, when a farmer comes to a big city from an isolated rural area, they have too many things they don't know. They don't understand that the law is a social tool, and they don't know that urban management law enforcement still needs a law enforcement certificate. Law enforcement subjects need to conform to the norms, thinking that as long as people wearing urban management uniforms can control him, "fake" urban management can also show off; He doesn't necessarily know that the urban management fine still needs to implement the system of "separation of punishment and payment", thinking that as long as the urban management has the right, the fine can be collected; He doesn't necessarily know that some urban management "eat and get cards" is also an act explicitly prohibited by the state. A series of questions tell a fact: not only urban management should learn how to "enforce the law in a civilized way", but vendors should also learn how to "protect their rights according to law".

Any administrative activity can only be effective if it realizes "two-way interaction". Since the construction of "standardization of urban management law enforcement" can be carried out, it is entirely possible to set up a "vendor law class" so that vendors can learn to use legal weapons to resist "arbitrary fines" and "eat and get cards." Only in this way can we promote the construction of "standardization of urban management law enforcement" to be implemented. Otherwise, when some city managers face so-called "ignorant" vendors, there will be frequent "violent law enforcement" phenomenon; Once the hawker's emotions get out of control, he will respond with "violence" and the consequences will be unimaginable.

□ Yan Bingwen (Beijing Editor)

2. In order to enforce the law, Cui Yingjie must die?

China Insurance News February 7, 2007

□ Yan Bingwen

Recently, Southern Weekend reported that the case of hawker Cui Yingjie killing Li Zhiqiang, deputy head of Haidian Urban Management, was about to be pronounced. Criminal law scholars believe that it would be inappropriate to apply the death penalty to Cui Wei, who was killed for life and anger. Public opinion reflects on whether there is a law to follow in urban management law enforcement for ten years; Another urban management cadre said that Cui Yingjie must die, otherwise how can urban management enforce the law? Judging from the consistent style of some urban management, I am afraid that the words of urban management cadres are not due to a slip of the tongue.

In a society ruled by law, judicial organs must adhere to the principle of "taking facts as the basis and taking law as the criterion"; In addition, any extra-legal factors should not shake the foundation of the rule of law. China implements the policy of "ruling the country according to law", and any institution or individual should strictly abide by the provisions of the Constitution and laws. Whether Cui Yingjie's crime should be recognized as the death penalty should be judged by the existing laws. For the convenience of urban management and law enforcement, hawker Cui Yingjie should never be sentenced to death. What's more, when the legitimacy of "urban management law enforcement" itself is in doubt, there is no reason to kill hawker Cui Yingjie.

People's survival is always the first, not the so-called "city appearance"; It can be said that being kind to hawkers is the proper meaning of a civil society. But our municipal managers regard vendors as the biggest trouble and always think about how to drive them out.

Mr. Jacob, who has lived in a big city in China for a long time, recalled that at first, his favorite was the "food stall" on the roadside, and a dinner with soup, rice and vegetables was only seven or eight yuan. Later, in order to rectify the city appearance, municipal managers cleaned up all the "food stalls" of roadside stalls. He was puzzled by this and thought it was funny that the rectification of food stalls was related to the appearance of the city. Street food stalls in western cities are a famous local scene, which not only brings convenience to the citizens, but also embodies the human touch of the city, attracting foreign tourists to visit and taste the local flavor. Why do municipal administrators in China do the opposite?

Li Zhiqiang, vice captain of the urban management team, died at the hands of vendor Cui Yingjie. The first is the social tragedy caused by improper municipal management measures. Therefore, whether hawker Cui Yingjie died is not the only issue to be considered, but whether the urban management system prohibiting hawkers from setting up stalls is legal and reasonable is the most fundamental issue.

The problem of vendors is by no means today's problem. Whether it is blocked or sparse, history has its own public opinion. According to Shanghai's "Huangpu District Records", in the second half of 1946, due to the civil war launched by the Kuomintang, rural areas went bankrupt, factories closed down, and the number of unemployed people increased. Thousands of people can only set up stalls in the street to earn some meager income to support their families. At that time, there were more than 65,438+10,000 vendors in the city. 1946, the Kuomintang Shanghai municipal government ordered in July that only stalls were allowed in designated places on the grounds of "obstructing the city appearance" and "obstructing traffic". On August 2nd, it was ordered to ban all vendors in Huangpu Old Gate District within three months of August, September and 10. In August, the police began to arrest vendors and confiscate their goods. Tens of thousands of vendors and their families in the two districts are living in serious difficulties, and vendors are struggling to survive. Due to the persistent struggle of vendors and the support of the broad masses of the people, the municipal government and the city Council had to withdraw the order to ban vendors, release the arrested vendors and return the confiscated goods. Mao Zedong once highly praised the people's struggle against violence, and even some foreign newspapers and periodicals believed that the government should bear the main responsibility for this incident.

The "February 28th Incident" in Taiwan Province Province also started with the bloody case of street vendors. 1On February 27th, 947, prosecutors in Taipei seized the private cigarettes of a 40-year-old widow, Lin Jiangmai, and confiscated all her public and private cigarettes and cash. Lin Jiangmai also has a son and a daughter, all of whom make a living from cigarette stalls. She begged and said, "If I confiscate it all, I won't have food. At least give me back the money and cigarettes made by the monopoly bureau ..." But the inspector ignored it. At that time, there were a lot of onlookers and they joined the ranks of pleading. Lin Jiangmai was in a hurry and clung to the inspector, but the inspector broke his head with a bucket and was bleeding. Angry onlookers clashed with inspectors, and innocent citizens were killed on the spot, which was very tragic. Since then, contradictions and conflicts have gradually intensified, eventually leading to a large-scale mass uprising.

We should not forget the lessons of history. In the new historical period of building a harmonious society, we should respect and protect the interests of the people and vendors.

Shouldn't the municipal manager be mainly responsible for the hawker Cui Yingjie case?

In Beijing, roadside stalls should be justified.

China Insurance News March 2007 12

Yan bingwen

According to Xinhuanet's report on March 9, after Shanghai, Chongqing and other places lifted the ban on roadside stalls, many people were waiting to see whether Beijing would follow suit, and the delegates also expressed their opinions. In this regard, the relevant person in charge of the Beijing Urban Management Law Enforcement Bureau said that they are studying the problem of vendors setting up stalls.

A deplorable case happened in Beijing last year. The protagonist of the story is a vice captain of urban management and a street vendor. When studying the problem of vendors setting up stalls, Beijing Urban Management Law Enforcement Bureau can't help but reflect on this major event. Nowadays, Beijing Urban Management and Law Enforcement Bureau is eager to correct the public's prejudice on issues. They think that roadside stalls in Beijing have always been open, which seems to put NPC representatives who suggest opening some roadside stalls in a targeted position.

The relevant person in charge of the Beijing Urban Management Law Enforcement Bureau said that in some areas of Fengtai District, many places allow vendors to use parking lots to open in the morning and evening; During the annual watermelon festival in Daxing district, melon farmers set up stalls on the roadside to display and sell; Last winter, Haidian District invited vendors into the community during the peak season of Chinese cabbage sales in winter. These things are indeed the actual situation. For example, there are shabu-shabu, mutton kebabs and fruit sellers in front of the residential area where the author lives, and there are also those who sell vegetables or clothes directly on the ground.

However, why is the "cat and mouse" game between urban management and vendors always endless? The conflict between urban management and vendors is always endless. The author believes that the problem lies in the specific law enforcement links. Although roadside stalls are prohibited by administrative regulations, they are not completely prohibited in practice. In other words, in the specific implementation, some urban areas are prohibited, and some urban areas are not prohibited; Some blocks may be banned today, but not tomorrow; For the same vendor, he may be fined or confiscated by this urban management, while another urban management may turn a blind eye and let him live.

A mobile vendor selling mutton and beef often comes near my home. He told me that he has been in Beijing for three years and has never been fined by the urban management. The author asked him why this happened. He said: "I guess they see that I am old and an old comrade, and I don't want to be fined any more. Once, I handed 200 yuan a fine to the urban management, and the urban management waved and said,' Forget it, you go.' "The author can't help feeling extremely, the human heart is really fleshy, and everyone has compassion.

But in any case, Beijing's "not completely banned" is an enlightened implementation under the ban, not no ban. In this case, on the one hand, it is inevitable that the game of "cat and mouse" will continue; On the other hand, occasionally there will be a good situation in which urban management and vendors live in harmony. Therefore, the most important issue at present is to lift the ban, at least partially, so that roadside vendors can be justified, so that they no longer have scruples, and urban management law enforcement will no longer vary from person to person.