Admonishment for shop assistants to "resist and kill", urban management outsourcing law enforcement power cannot be extended
For the outsourcing of urban management functions, laws and regulations actually have relatively clear norms.
Recently, a video sparked a heated discussion: When a "city appearance inspection" officer in Tongxiang City, Zhejiang Province asked a drugstore along the street to tear off the shop name logo on the glass window, he said a "sturdy" sentence: "If you want to resist, kill it. ."
This provocative remark, which is provocative of legal reason and reason, has been widely criticized and questioned in the field of public opinion.
According to reports, the relevant personnel of Tongxiang City Comprehensive Administrative Law Enforcement Administration responded that the personnel was from a third-party outsourcing service company, and the third-party company has been ordered to suspend the investigation.
The relevant security company subsequently apologized publicly, saying that it had investigated and dealt with it and decided to dismiss Fan.
The nature of the incident is not complicated. The parties concerned clearly "take chicken feathers as an arrow" and misunderstood the requirements for cleaning up illegal stickers on the street, deducting the original legitimate law enforcement behavior into a magical abuse of power.
However, it is obviously not enough to simply attribute the cause and governance path of the incident to personal qualities.
It was an outsourcing company employee who said the phrase "Kill Kill", but imagine that if he was not fired because of the thunder phrase "out of the circle", then in the eyes of ordinary shop assistants, he is a uniformed "city inspection" Personnel, and even the "law enforcement personnel" themselves.
The essence of this question is what many people care about: Can the administrative law enforcement power be outsourced?
This is a controversial issue for a long time.
Because of the lack of urban management law enforcement power, some places have adopted this approach, outsourcing some urban management functions to security companies, so that you can do more with less money.
But for the outsourcing of urban management functions, laws and regulations actually have relatively clear norms.
According to the 2015 "Guiding Opinions of the CPC Central Committee and the State Council on Deepening the Reform of the Urban Law Enforcement System and Improving Urban Management Work", it clearly stated that "localities can deploy urban management law enforcement coordinators in the form of recruitment or labor dispatch according to actual work needs. ", but clearly define the functions of the coordinator-"coordinators can only cooperate with law enforcement officials in supporting affairs such as propaganda and education, inspections, information collection, and dissuasion of illegal acts, and must not engage in specific administrative law enforcement work."
In other words, outsourcing personnel can assist in some public service work, but cannot directly carry out administrative law enforcement.
In contrast, the "city appearance inspection" personnel from Tongxiang has stepped into the fuzzy area.
He reminded the store to tear off the store name identification, as if performing auxiliary affairs such as dissuasion, but uttering the threat of "killing, no matter what," seemed to be directly carrying out administrative law enforcement.
Generally speaking, the problem lies not only in his personal qualities, but also in the absence of management of outsourcing personnel by relevant departments, and the vague definition of the scope of outsourcing personnel.
The shortage of urban management personnel is a common situation in many places, and it is obviously unrealistic to require that outsourcing is not allowed across the board.
However, outsourcing needs to be finely divided. Service work outsourcing may not be easy to cause trouble, but work with a relatively obvious administrative law enforcement nature should not be outsourced. Otherwise, power and supervision are not equal, and it is easy to harm people's interests.
Of course, the reality may be more complicated. Some matters are between service and administrative law enforcement. What should we do if the "regular army" has insufficient manpower?
In the face of this situation, it is necessary to do a good job of pre-training and process supervision to ensure that the outsourcing personnel accurately understand the decree and increase the cost of their mistakes. After the accident, the "outsourcing personnel" should not be used to prevaricate the past.
Chengdu Commercial Daily-Red Star News Special Commentator Shouyi