Is it illegal to smash a stall offender? Is it illegal to set up a stall?

It must be illegal, and it has already violated the regulations on the administration of public security. China's "Public Security Administration Punishment Law" stipulates that anyone who intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

The chengguan has no right to smash the vendors' things, and there is no such provision in China's law that the chengguan can smash things. At present, the quality of law enforcement is low in some chengguan, so there is this move of smashing the vendors' things.

The main responsibilities of China Chengguan:

1. Implement the laws, regulations and rules of the state and the city on urban management, and govern and maintain the order of urban management.

2. Organize the drafting of local regulations and rules on the comprehensive administrative law enforcement of urban management in the city, and study and put forward opinions and measures to improve the comprehensive administrative law enforcement system of urban management in this city.

3. Responsible for the guidance, overall coordination and organization of the city's urban management supervision and administrative law enforcement.

4. Responsible for the supervision and assessment of the city's urban management supervision and administrative law enforcement team.

5. Responsible for the professional administrative law enforcement work in the management of municipal facilities, urban public utilities, urban water conservation and parking lots; Responsible for the investigation and handling of major cases assigned by cross-regional and leaders in the administrative law enforcement of the urban management supervision team.

6. Responsible for the organizational construction, style construction, team building and clean and diligent construction of the city's urban management supervision and administrative law enforcement system.

7. Undertake other matters assigned by the Municipal Management Committee and the Municipal Management Committee.

Breaking the law is equivalent to destroying private property. Now that the stall economy is being promoted, it is possible to set up stalls.

Where the property of the stall is owned by private property and intentionally damages the private property of others, and it is necessary to bear civil liability, compensation shall be made for the property of others.

It is not illegal to set up a stall in itself, but the important thing is that the place where the stall is set up may infringe on the rights of other rights holders.

Legal analysisIt is a crime to do so without a permit. Permit application process: (1) Proof of identity of the applicant.

The sole proprietorship applicant is the investor himself, and the partnership applicant refers to the person in charge nominated by the partners. (2) All persons who apply for the establishment of private enterprises must present a resident ID card and submit the following documents according to their own circumstances: urban unemployed persons shall submit a certificate of unemployment; Individually-owned businesses should submit a business license; Resignation or retirement personnel shall submit the resignation and resignation certificate issued by the original unit; Retirees should submit retirement and retirement certificates; Scientific and technological personnel who are on leave without pay shall submit an agreement on leave without pay and a certificate of qualification; Other persons who meet the requirements of the national and provincial people's ** shall submit relevant certificates in accordance with the regulations.

Rural villagers who have not been issued with resident identity cards should submit a certificate of household registration. (3) The proof of use of the site includes: the real estate certificate should be submitted for the self-owned private house; To rent a house or site, the lease contract of the housing site, the relevant real estate certificate and the certificate of permission of the management department shall be submitted; The use of land should be submitted to the approval document of the land management department.

4) Capital verification certificate. (5) Notice of Pre-approval of Enterprise Name. (6) The articles of association and the appointment documents of the chairman, directors and supervisors shall be submitted.

7) To start a partnership, a written agreement of the partners must be submitted. The partnership agreement should specify the following matters: the name of the partnership and the location of the principal place of business; the purpose of the partnership and the scope of business of the partnership; The names of the partners and their domiciles, the method and amount of the partners' capital contributions, and the time limit for the payment of capital contributions; profit distribution and loss sharing methods; execution of partnership affairs; Occupation and withdrawal, dissolution and liquidation of partnerships; Liability for breach of contract, etc.

The partnership agreement may specify the duration of the partnership's operation and the method of resolving disputes between the partners. The partnership agreement shall be signed and sealed by all partners before it becomes effective.

Legal basisMeasures for Urban Management Law Enforcement

Article 8: The scope of administrative punishment authority for urban management law enforcement is to be followedLaws and Regulationsand the relevant provisions of the first to determine, including the field of housing and urban-rural constructionLaws and RegulationsThe right to impose administrative penalties as stipulated in the regulations, as well as the administrative punishment powers of environmental protection management, business administration, traffic management, water management, and food and drug supervision related to urban management.

Article 10: Where the competent departments for urban management law enforcement exercise administrative punishment powers in a relatively concentrated manner in accordance with law, they may implement itLaws and RegulationsThe administrative coercive measures provided for in relation to the power of administrative punishment.

However, it is illegal to set up stalls indiscriminately, and it is an administrative violation. For the scope of administrative violations of urban management, there are the following seven situations: 1. All administrative punishment rights stipulated by laws, regulations and rules in the field of housing and urban-rural construction, the administrative punishment rights of social life noise pollution, construction noise pollution, construction dust pollution, catering service industry fume pollution, open-air barbecue pollution, urban incineration of asphalt and plastic waste and other smoke and odor pollution in environmental protection management, smoke and dust pollution such as open burning of straw and fallen leaves, and fireworks and firecrackers pollution, etc., In terms of business administration, the right to operate without a license in outdoor public places, the right to administrative punishment for illegal outdoor advertising, the right to administrative punishment for illegal parking of motor vehicles on urban roads in terms of traffic management, the right to impose administrative penalties on dumping waste and garbage into urban rivers in terms of water management, illegal soil extraction, and demolition of illegal buildings in urban rivers, and the right to administrative punishment for food sales and catering stalls in outdoor public places operating without a license, and illegal drug trafficking in food and drug supervision.

Legal basis: "Regulations on the Administration of Urban Appearance and Environmental Sanitation" Article 14 No unit or individual shall pile up materials, build buildings, structures or other facilities on both sides of the street and in public places. Due to special needs such as construction, temporary stacking of materials on both sides of the street and public places, erection of non-permanent buildings, structures or other facilities, must be approved by the competent administrative departments of urban people's appearance and environmental sanitation, in accordance with the relevant provisions of the examination and approval procedures.

One of the conditions for setting up a stall is that the subject must be qualified, that is, there must be individual industrial and commercial households or personnel approved by the industrial and commercial department. Another condition is that the location of the stall is allowed to set up a stall, if it is on the road or other places that affect traffic, it is not allowed to set up a stall.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

Legal analysisIf the policy supports low-income people and promotes employment, it will not be illegal, if the policy is, improve public order and eliminate unstable factors, it will be illegal. It is not illegal to set up a stall in itself, and the most important thing is that the place where the stall is set up may infringe on the rights of other rights holders.

It generally belongs to the management scope of the urban management department.

Legal basisArticle 8: The scope of administrative punishment power for urban management law enforcement shall be determined in accordance with laws and regulations and relevant provisions, including the administrative punishment power provided for in laws, regulations and rules in the field of housing and urban-rural construction, as well as the administrative punishment power of environmental protection management, business administration, traffic management, water management, food and drug supervision and urban management.

Whether it is illegal to set up a stall depends on the situation:

1. Roadside stalls violate the management of urban management departments;

2. It is generally not illegal to set up stalls in places where it is stipulated that trading can be carried out in bazaars;

3. However, it is illegal to set up stalls on the street at will, violating the regulations on the appearance of the city and the local management regulations.

Those who pile up materials, set up stalls, or operate out of stores on both sides of the street and in public places without approval shall be fined between 100 and 500 yuan. No unit or individual may set up bazaars, set up stalls, operate out of stores, pile up materials, or erect buildings, structures or other facilities within the scope of urban roads and public places. It is necessary to erect non-permanent buildings, structures or other facilities, or temporary stalls and stacking materials, must obtain the consent of the people's ** city appearance and environmental sanitation administrative departments at or above the county level, and then go through the approval procedures in accordance with the relevant regulations.

Legal basisArticle 37 of the Regulations on the Administration of Urban Appearance and Environmental Sanitation.

Where do not meet the urban appearance standards, environmental sanitation standards of buildings or facilities, by the city people's ** city appearance and environmental sanitation administrative departments in conjunction with the urban planning administrative departments, ordered by the relevant units and individuals within a time limit to renovate or demolish; If it is not renovated or demolished within the time limit, with the approval of the people at or above the county level, the administrative departments of city appearance and environmental sanitation or the administrative departments of urban planning shall organize compulsory demolition, and may be fined.

Legal analysis: specific handling of specific situations: the first time a stall is arrested, the general city management department will focus on education, remind the stall to handle the documents, and urge it to be handled immediately; If you have been arrested several times and have not applied for a relevant business license, the urban management department will educate and punish at the same time, and the fines are different for different situations.

Legal basis: Measures for the Investigation and Punishment of Unlicensed and Unlicensed Operations

Article 2 No unit or individual shall violate the provisions of laws, regulations, or decisions to engage in unlicensed or unlicensed operations.

Article 6 Where a business operator engages in business activities without obtaining a business license in accordance with law, it shall be investigated and dealt with by the department performing the duties of the administration for industry and commerce (hereinafter referred to as the administrative department for industry and commerce).

Legal analysis: No unit or individual shall occupy roads, bridges, pedestrian bridges, underpasses and other public places without authorization, affecting the city's appearance and environmental hygiene. In case of violation, the urban management law enforcement department shall order corrections and may impose a fine of not less than 500 yuan but not more than 5,000 yuan.

The urban management law enforcement department may temporarily seize the goods and tools related to the illegal conduct that the parties are peddling and require them to go to the designated place to be disposed of, and after the parties accept the handling, the urban management law enforcement departments shall promptly return the temporarily seized items and related tools, and if they are illegal items, transfer them to the relevant departments for handling. The urban management law enforcement departments shall properly keep the temporarily seized items. For items that are perishable, deteriorated, or otherwise unsuitable for storage, the urban management law enforcement department may properly dispose of them according to the actual situation after retaining the evidence.

Legal basis: Article 23 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be given a warning or a fine of less than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB: (1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and serious losses have not yet been caused; (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; (3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation; (4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; (5) Disrupting the order of elections conducted in accordance with law.

Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.