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Law enforcement agencies cannot ignore people's livelihood needs by focusing only on their own administrative objectives.
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Screenshot of the video
Text丨 Shen Bin
Recently, a video went viral on the Internet. One woman cried that she had put an A4 piece of paper on the glass door of her shop (a handyman in a confinement meal business): "One department called me and asked me to take my ID card to them to receive punishment; If I don't go, my phone number will be blocked. At first, the urban management department of Ulanhot in Inner Mongolia's Xing'an League said in response to the media: "There will be fines", and it is not allowed to post A4 paper advertisements on their own glass.
On September 18, the local chengguan responded again, saying: "Our staff notified her to come and be dealt with, and she thought she had to pay a fine, so she posted a video on the Internet", and finally did not punish her, but only verbally taught her to take off the propaganda materials.
Is it illegal to post an A4 printed job notice on the glass of your own store? In fact, similar operations are very common in life, and a notice such as "recruiting waiters", "renting a house" and "closing for three days" is posted on the doors and windows of one's house, is it illegal for everyone?
The local urban management as the basis for law enforcement is the State Council promulgated the "Regulations on the Administration of Urban Appearance and Environmental Sanitation", which stipulates in Article 17 that "units and individuals on urban buildings and facilities to hang and post publicity materials, etc., must be approved by the city people's Government city appearance and environmental sanitation administrative departments or other relevant departments." It is worth mentioning that this administrative regulation was issued in 1992, and later made a number of changes in the centralized revision of relevant regulations, but it generally reflects the urban environment and management model 32 years ago.
Thirty-two years ago, the private economy and real estate management were still in their infancy, and "urban buildings" should refer to urban public buildings. When these stores have the need to post recruitment and rental notices in their daily operations, do they have to deal with them in accordance with the "Advertising Law": first review the content and then approve the publication?
Don't underestimate the small recruitment notice, behind this is the fireworks in the world and the vitality of the terminal business. The small shop economy itself is an important reservoir of employment, and a simple job notice may involve the livelihood of several workers; A rental call left on a glass window relates to the rise and fall of a storefront. Recruitment notices printed on A4 paper like the one in the news are not beautiful, but they are the information transmission nerves of the community economy, so must they be treated as "illegal" (even if it is just verbal education and no fines)?
In fact, there have been courts that have made judicial corrections for such administrative penalties. In 2021, the Guangdong Provincial High People's Court published an administrative litigation case after the posting of job advertisements in a store on the street was found to be illegal. In its judgment, the Guangdong High People's Court made it clear that the recruitment advertisements posted in the shops on the street in the commercial area were not illegal advertisements, and that the city management department failed to properly review and distinguish them, and imposed penalties, which lacked necessity and appropriateness.
Law enforcement should not be rigid, especially when the application scenarios of the regulations 32 years ago are already far from the current reality, and it is not appropriate to do "lenient interpretation" and "increased law enforcement". From the perspective of law enforcement standards, the qualitative posting of notices in one's own store should be evaluated as whether it has reached the level of serious damage to the city's appearance, rather than blanket thinking that the lack of "approval" is "illegal". This will make "lawlessness" pervasive and affect the seriousness of the rule of law.
On the one hand, it is the city's appearance, and on the other hand, it is the rigid demand of the common people and small owners to recruit workers and rent, which cannot be wasted. In particular, law enforcement agencies cannot ignore the needs of people's livelihood while focusing on their own administrative goals. Uniformity and lifelessness are not the beauty of the city as it should be. On the contrary, the city is so big that it should be able to accommodate an A4 job post.
Editor|Shen Guanzhe
Typesetting|Gan Qiongfang
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