城管执法的人权标准和权利保障

近年频发的城管暴力执法事件,折射出我国城管违法执法的普遍存在。究其根源,与城管执法以人为本理念缺失密切相关。在执法过程中,应树立以人为本的执法理念,既要实现维护公共利益的执法目的,又要考虑行政相对人基本人权的保障。在重塑执法理念的同时,只有对相关制度予以完善,优化执法队伍、注重柔性执法手段的运用,健全权力监督机制和权利救济机制,才能真正实现城管执法的法治化。

On the Human Rights Standards and Rights Protection of Urban Management Law Enforcement

In recent years, the frequent violations of the law enforcement incident reflect the widespread presence of improper law enforcement conducted by urban management officials. It originates from the lack of people-oriented concept during the law enforcement of urban management. We should establish a people-oriented law enforcement concept, which should not only realize the purpose of safeguarding public interests, but also consider the protection of the basic human rights of the administrative counterpart. By remodeling the concept of law enforcement, we are supposed to perfect relevant regulations and law enforcement team, adopt some flexible law enforcement means, strengthen the supervision mechanism of power and right relief mechanism and realize the legalization of urban management and law enforcement.