What kind of law did the plaque on the Beijing skyline violate?

Recently, the plaques of many units in Beijing have been removed. At first glance, the street that Xiao Zhi passes to work every day is cold. Even for a string together, the capital is bald. If you string them together, you have to watch the navigation before you can touch them.

As a law student, Xiao Zhi has made a professional illness again. I want to find out what law these plaques have broken.

It is reported that this "delisting" action is in response to the new version of "Beijing plaque logo setting management norms".

So, does this norm belong to the legal basis?

Come on, let's look at its essence. Its document number is Fa [20 17] 140, which was issued by the Office of Beijing Urban Management Committee on September 30th, 20 17. So, it should be just a file.

So why is a single document so powerful?

Originally, the first paragraph of Article 40 of the Regulations of Beijing Municipality on City Appearance and Environmental Sanitation stipulates that the names, shop names, signboards and other signs of organs, organizations, armed forces, universities, enterprises, institutions and other organizations and individual industrial and commercial households shall be set in accordance with the requirements of the location, size and quantity stipulated in the regulations on the setting of plaque signs in this Municipality, in harmony with the surrounding landscape. In violation of the provisions, the comprehensive law enforcement department of urban management shall order it to make corrections within a time limit. Overdue correction, forced removal, and may impose a fine of more than 5000 yuan in 500 yuan.

This regulation belongs to the local laws and regulations of Beijing, and belongs to the legal family of China. In other words, the Regulations of Beijing Municipality on City Appearance and Environment endows the Regulations of Beijing Municipality on the Administration of Plaque Signs with legal effect. These two regulations together specify the specific requirements for the setting of plaque signs in Beijing.

Then, are these regulations on the management of plaque signs legal in themselves?

First of all, let's take a look at the specific provisions of the plaque logo setting.

I have read the Regulations on the Administration of Plaque Signs in Beijing, and its regulations are really strict. For example, no plaque signs should be set on the top of the building or podium, no plaque with prominent or dynamic plaque signs should be set on the wall, and the plaque signs set on the wall should not exceed the outer edge of the wall. Only the building name can be set on the wall of a building with more than three floors, and the side length of the building name text that does not exceed 18 floors should not exceed 1.5m, etc.

The superior law of the Regulations of Beijing Municipality on City Appearance and Environmental Sanitation is the Regulations of the State Council Municipality on the Administration of City Appearance and Environmental Sanitation. Regarding the plaque logo, Article 9 of the State Council's Regulations only stipulates that the buildings and facilities in the city shall meet the city appearance standards stipulated by the state. Cities that are open to the outside world can formulate city appearance standards that are stricter than those stipulated by the state in light of local specific conditions.

Beijing has indeed formulated its own "Beijing City Appearance Standard". Article 4 of this standard only stipulates that the words used for plaques and shop names should be standardized, neat and eye-catching, kept neat, beautiful and intact, and there should be no handwriting defects. There are no strict rules as mentioned above.

According to the Legislative Law of People's Republic of China (PRC), there are two kinds of matters that can be stipulated by local regulations, one is matters that need to be specified according to the actual situation of the administrative region in order to implement the provisions of laws and administrative regulations, and the other is matters that need to be formulated by local regulations for local affairs. In addition, local regulations shall not contravene the Constitution, laws and administrative regulations.

Then, are the provisions of the Regulations of Beijing Municipality on City Appearance and Environmental Sanitation and the Regulations of Beijing Municipality on the Administration of Plaque Signs legal? You should have your own answer.

Secondly, let's look at the regulations on forced demolition.

From the context, the main body of forced demolition should be the comprehensive law enforcement department of urban management. In other words, the forced demolition here belongs to administrative compulsion. The first paragraph of Article 13 of the Administrative Enforcement Law stipulates that administrative coercion shall be set by law. If the law does not provide for compulsory execution by administrative organs, the administrative organ that made the administrative decision shall apply to the people's court for compulsory execution.

In other words, the Regulations of Beijing Municipality on City Appearance and Environment has no right to stipulate that the urban management department must demolish it. If the original intention of this regulation is to let the urban management department dismantle it, it is really debatable.

Building the rule of law China, you have me.