"Don't tear up advertisements and kill them", urban management service outsourcing is not "enforcement power" outsourcing
■ Come on
Outsourcing personnel take to the streets to enforce the law alone, which has already transcended legal boundaries.
Recently, a piece of news about "urban management threatening shop assistants to clean up stickers or'kill it'" has aroused heated discussion.
According to the Beijing News, a few days ago, a "city appearance inspection" officer in Tongxiang, Zhejiang, pointed to the slogan on the glass window of a drugstore along the street and said it was "junk advertisement" and asked the store to tear it up, saying that this was a requirement of the city government. The execution will be "killing without any argument", "slash first and then play, don't care."
Subsequently, Tongxiang City Comprehensive Administrative Law Enforcement Bureau responded that it was an operating error.
The Tongxiang Ruibang Security Company involved in the incident publicly apologized, stating that the parties involved were employees of the company and had been dismissed as required.
An important reason why this news is hotly discussed is improper remarks in law enforcement.
Anyone who hears such words as "kill no matter" will feel harsh when they are spoken from the mouths of law enforcement officers.
The arrogance of holding power reflected in it obviously runs counter to the spirit of the rule of law in modern society.
In all fairness, the local authorities have dealt with this incident very quickly and deserve recognition.
However, after this "aftermath" work, there are still many doubts that need to be clarified.
For example, if pharmacies are required to remove their store name signs, where does the order come from, and what is the legal basis?
Nothing is prohibited by law.
Merchants post signs in their stores, and they can’t be linked to “junk advertisements”.
According to the “City Appearance Inspector” involved, he “takes orders from the Tongxiang Municipal People’s Government, the Mayor of Tongxiang City, and the Secretary of the Municipal Party Committee.” Is this a false order, or an accompanying understanding, or an act of hearing the order? Need to find out.
Not only that, this incident also exposed the old problem of "urban management outsourcing".
In recent years, many places have explored public service outsourcing purchase systems. Urban management outsourcing and hiring security companies to assist urban management team members in urban management have become a part of this.
It is the original intention of the government's public service outsourcing system to allow professional people to do professional things and improve administrative efficiency.
However, whether it was the previous conflict between the coordinator and the public, extortion of merchants, or the involvement of criminals involved in the "law enforcement team" through an outsourcing company, or this incident reminded that before outsourcing, it is necessary to clarify government public services and administrative law enforcement According to the concept of borders, services can be outsourced, and law enforcement must not be “outsourced”, otherwise it will increase the risk of abuse of power.
It should also be noted that the "Urban Management Law Enforcement Measures" clearly stated that "urban management law enforcement personnel should be certified to work", "city management law enforcement coordinators can be deployed to cooperate with law enforcement personnel in law enforcement assistance matters", and "coordinators carry out law enforcement assistance in accordance with the law. Affairs, protected by law".
For this reason, the scope of urban management “outsourcing” should be strictly limited, and it must be “assisted” rather than “go it alone”.
In a nutshell, urban management outsourcing services need to be further clarified in law and further regulated in terms of rules and regulations.
Going back to this incident, a third-party outsourcer, dressed in a uniform printed with "City Appearance Inspection", alone enforced the law on the street. This has already exceeded the legal limit and is an obvious illegal operation.
Relevant local departments should hold responsible personnel accountable, standardize and improve related management systems, and strengthen supervision and review of outsourcing service companies, rather than just quitting the “temporary workers” involved.
Power should operate within the legal framework.
Behind the improper remarks such as "Kill to Kill" and other improper remarks, the wanton and reckless desire for power is "probing."
Relevant departments should use this as an opportunity to regulate the boundaries of urban management outsourcing services to prevent similar incidents from happening again.
□Liu Yuting (Legal Scholar)