Is it illegal to set up a stall on the sidewalk?

Setting up a stall itself is not illegal. The most important thing is that the place where the stalls are set up may infringe the rights of other rights holders. Generally belongs to the management scope of urban management department. Setting up stalls on the roadside where stalls are prohibited violates the Regulations on the Administration of City Appearance and Environmental Sanitation.

First, how to complain about setting up a stall is effective?

1, first talk to the stall owner and ask him to move out.

2. If the negotiation fails, people will take photos at the booth and the video will leave evidence.

3, find the local city management department (urban management) or telephone communication and teach the stall owner.

Second, about the law enforcement power of the Urban Management Bureau:

There are three kinds of law enforcement subjects: statutory organs, organizations authorized by laws and regulations, and administrative organs entrusted by statutory organs.

Article 16 of the Administrative Punishment Law of the People's Republic of China (hereinafter referred to as the Administrative Punishment Law) stipulates: "The people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council may decide an administrative organ to exercise the administrative punishment power of the relevant administrative organs, but the administrative punishment power that restricts personal freedom can only be exercised by the public security organs."

According to Guo Fa [2002]17 "Decision of the State Council on Further Promoting the Work of Relatively Centralized Administrative Punishment", whether the provincial government authorizes the District Urban Management Bureau should be based on documents, even if it is authorized, the unit nature of the District Urban Management Bureau is also a public institution. Do not have the qualification of authorized law enforcement subject.

Three, the relevant laws and regulations of administrative punishment of urban management:

Measures for law enforcement of urban management

Twenty-eighth urban management law enforcement departments should collect relevant evidence in accordance with the law, comprehensively and objectively, standardize the establishment of urban management law enforcement files and keep them intact.

Urban management law enforcement departments should use law enforcement recorders, video surveillance and other technologies to record the whole process of law enforcement activities.

Twenty-ninth urban management law enforcement departments shall properly keep the sealed and detained articles, and shall not use, intercept, damage or dispose of them without authorization. If the articles sealed up or detained are illegal, they shall be transferred to the relevant departments for handling.

Thirtieth urban management law enforcement departments shall not set tasks and targets for fines and confiscation of illegal income.

Fines and confiscation of illegal income shall be paid in full in accordance with regulations.

Thirty-first urban management law enforcement departments should determine the legal audit institutions, equipped with a certain proportion of qualified legal auditors, and conduct legal audit on major law enforcement decisions in terms of law enforcement subjects, jurisdiction, law enforcement procedures, fact finding and law application.

Thirty-second city management law enforcement departments to carry out law enforcement activities, should use a unified format of administrative law enforcement documents.

Legal basis:

Article 14 of the Regulations on the Administration of City Appearance and Environmental Sanitation: No unit or individual may pile up materials and erect buildings, structures or other facilities on both sides of streets and public places. Due to special needs such as construction, materials are temporarily stacked on both sides of streets and public places to build non-permanent buildings, structures or other facilities. Due to special needs such as construction, temporary stacking of materials and erection of non-permanent buildings, structures or other facilities on both sides of streets and public places must be approved by the administrative department of city appearance and environmental sanitation of the people's government of the city, and the examination and approval procedures shall be handled in accordance with the relevant provisions.