近年来城管人员野蛮执法的消息频见于报端和网络。这也一度成为时代热点,成为社会普遍关心的问题。找到城管执法与商贩经营之间冲突的成因及对策便显得颇具现实意义:有利于减少城管与小商贩之间的矛盾,实现社会的和谐和人民生活的安定;同时也有利于提高城市管理效益和经济增长。本文以比例原则为分析工具,分别从适当性原则、必要性原则和最小损害原则的角度来分析其原因并力求找到相应对策以真正促进这一现象的缓解。 In recent years, urban management officers savage law enforcement news frequently found in newspapers and the Internet. This has also become a hot issue of the times and has become a common concern in society. It is quite realistic to find out the causes and countermeasures of the conflict between urban management law enforcement and trader operation. It is helpful to reduce the contradiction between urban management and small traders, to achieve social harmony and people’s livelihood stability. At the same time, it is also conducive to improving the efficiency of urban management and Economic Growth. Based on the principle of proportionality, this paper analyzes the reasons from the perspectives of appropriateness, necessity and minimum harm, and seeks to find corresponding countermeasures to really promote the alleviation of this phenomenon.