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中国将授予流动商贩合法地位

来源:天星 更新日期:2009-08-17 点击:

China Changes Peddlers Policy Amid Jobs Slump

China is preparing to give millions of street vendors legal status, a move aimed at creating jobs and curbing a rash of violent conflicts between the sellers and law-enforcement officials who police them. 

中国正准备授予数百万街道商贩合法地位,意在创造就业,平息商贩与城管人员之间不断的暴力冲突。 

The country has for years struggled with managing street vendors who sell everything from housewares and clothes to candied fruit from makeshift pedal carts or sheets spread across sidewalks. Peddlers are a source of inexpensive and convenient goods for local residents, but the merchants are often seen as an eyesore by government officials. Beijing cracked down on street vending ahead of the Olympics a year ago, and the number of peddlers in the city center remains diminished.

多年以来,中国一直在努力管理流动商贩,他们推着手推车,或是在马路边铺块布,出售着从家用器皿到服装再到糖葫芦的一切物品。小商贩方便了当地居民以便宜的价格购买到生活用品,但他们也通常被政府官员视为眼中钉。去年北京奥运会之前,北京市取缔了流动商贩,目前市中心的商贩数目因此而减少。 

Nanjing, a city of more than seven million in eastern China, recently became the first in the country to offer legal status to around 10,000 mostly poor residents who had been largely prohibited from plying their wares on the streets. A national regulation is in the works to require registration of the country's 'self-employed businesses,' including those without fixed addresses. The regulation, under discussion by China's cabinet, the Legislative Affairs Office of the State Council, could go into effect as early as the end of the year, Chinese legal experts say. 

一名流动商贩在北京街头卖桃最近,拥有700多万人口的南京市率先授予大约1万名主要是贫困居民的小商贩合法经营的权力,他们此前被禁止在街上经商贩卖。中国政府正在制定一份全国性管理办法,要求包括没有固定地址的商贩在内的“个体户”进行登记。中国的法律专家表示,这项法案目前正在国务院法制办公室进行讨论,可能最早会在年底前生效实施。    

The moves come as unemployment has been a growing concern for the government since the global recession started. The Labor Ministry recently said that most migrant workers who lost jobs during mass layoffs last year have found work in recent months, but that the overall employment situation remains 'very serious.' Many of China's newly unemployed have begun selling goods on the street.

随着全球经济陷入衰退,失业已经成为中国政府一个日益严重的担忧问题。中国劳动部近期表示,去年在大规模裁员中失业的大部分民工最近几个月都找到了工作,但整体失业状况仍然非常严重。很多最近失业的人员都开始在街道上摆摊卖货了。 

'When these legal barriers can be removed for this type of endeavor, it will definitely attract more and more people to take part in the individual economy,' said Li Jianping, a Beijing lawyer who is an expert on small-business regulations. 'In the end, it could help more people find jobs.'

北京律师李建平是小企业监管方面的专家。他表示,一旦此类行为的法律壁垒被去除,肯定会吸引越来越多的人参与到个体经济中来。最终,这将帮助更多的人找到工作。    

Street vendors in China often engage in a cat-and-mouse game with 'urban-management officers' who are empowered by city governments to police low-level crimes and infractions, but are often poorly trained. Conflicts between these officers and street merchants have sometimes turned violent.

中国的街道商贩通常与城管人员玩着猫鼠游戏。中国城市政府授权城管人员管理低级犯罪和违法行为,但这些人员通常没有受过良好训练。城管人员与街道商贩之间的冲突时常会转化为暴力事件。 

Five urban-management officers were recently dismissed from their jobs and face trial after allegedly beating a man selling watermelon on the street in Shanghai, according to the local district government. The 28-year-old victim was taken to a local hospital where doctors diagnosed him with brain damage and partial paralysis.

不久前上海市闵行区的五名城管队员被控殴打一名在街上卖西瓜的小贩,据闵行区政府称,这五名城管已被开除,并将面临法律制裁。那名28岁的受害者被送往当地一家医院,医生诊断他脑部受损且半身瘫痪。 

Officials are hoping that giving legal status to the street vendors will cut down on harassment by the urban-management officers, who often fine the peddlers or confiscate their goods.

相关官员希望,街头摊贩地位合法化以后能够少受城管袭扰。城管常常对摊贩加以罚款或没收其货物。 

Such clashes helped spur Nanjing's new policy, said Qian Dewen, an official at the city's urban-management bureau. He said officials from more than 40 other cities have visited in recent months to discuss the new regulations.

南京市城管局官员钱德文(音)说,这样的冲突促使南京出台新规。他说,全国40多个城市的官员最近几个月都到南京考察,讨论新的管理办法。 

Under Nanjing's new policy, street merchants will be restricted to certain parts of the city and certain times of day, and they will have to provide proof of low-income status in order to register legally.

按照南京的新政策,街头小贩仅限在市内的特定区域和一天中的特定时段,而且必须提供低收入证明才能合法登记。

The national regulation is expected to provide for peddlers to register as business operators but specific rules will likely be determined locally. In general, the vendors will be required to abide by existing rules on what they sell, for instance the official prohibitions on selling pirated goods and other contraband, and they will likely have to meet health and safety guidelines.

全国性的管理办法预计将会规定小贩可登记为工商业经营者,但具体规则可能会由各地自主决定。总体上,街头小贩将被要求遵守有关其售卖物品的现行规定,比如说官方禁止出售假冒产品和其他违法物品的禁令,同时小贩可能还必须符合卫生安全方面的标准。 

'If the government can legalize our business, I would definitely register,' said a vendor named Li, who was selling hair clips and headbands last week on a pedestrian bridge in Beijing. He says urban-management officers frequently confiscate his goods. 'We are just trying to make a living,' he said.

上周在北京一座人行天桥上叫卖发夹和发带的李姓小贩说,如果政府让我们合法地做生意,那我肯定会去登记。他说,城管队员经常没收他的货物。他说:我们只是为了养家糊口。 

Some owners of small shops were sanguine about the proposed regulation. 'There's already a lot of competition,' a clothing boutique owner in Beijing named Xu said. 'This new regulation just means we have to sell the right stuff at the right price. And now if I go out of business, I can always start selling stuff on the street,' he joked.

一些小店的店主对新提出的管理办法充满期待。北京一位姓徐(音)的服装店老板说,竞争已经很激烈了,这个新规定意味着我们必须以合适的价格卖合适的东西。现在如果我经营不下去了,不管什么时候我都能在街上摆摊卖东西。 

Some of Nanjing's urban management officers are uneasy with the new policy. 'Problems will still exist between officers and peddlers,' Mr. Qian said, 'but it will not be like in the past.'

南京的一些城管队员对新规定还是有些担心。钱德文说,城管和小贩之间还是会存在问题,但不会像以前那样了。 

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