流动商贩无照经营合法化路径探究
Study on the Legalization of Unlicensed Business of Floating Peddlers

流动商贩现象在我国早已屡见不鲜，但实际上流动商贩这一主体却是一直游离在法律的边缘，迟迟得不到法律的认可。探其本源，在于法律并未赋予流动商贩独立的法律主体地位，若是要通过个体工商户这一有名商主体获得法律认可，则必须通过工商登记。但工商登记对于流动商贩来说无疑是沉重的负担，结果是得不偿失。那么流动商贩面临的困境出路在哪里？无照经营合法化的路径是什么？本文认为，有照经营并非流动商贩生存的唯一途径，营业权是每个自然人与生俱来的权利，商事登记只是对商事主体资格的确认，而不是赋予权利。行政部门应该从传统的严准入、重打压思维中跳脱出来，贯彻以人为本的思想，商事登记也并非是市场监管唯一的方式，“多中心”治理方式或许更适合当下对流动商贩的管理。
The phenomenon of mobile vendors has long been common in our country, but in fact, the subject of mobile vendors has been on the verge of the law and has not been recognized by the law for a long time. Exploring its origin is that the law does not give mobile vendors an independent legal subject status. If you want to obtain legal recognition through the well-known business entity of individual industrial and commercial households, you must go through industrial and commercial registration. However, industrial and commercial registration is undoubtedly a heavy burden for mobile traders, and the result is not worth the gain. So where is the way out of the dilemma faced by mobile vendors? What is the path to the legalization of unlicensed operations? This article believes that licensed operation is not the only way for mobile vendors to survive. The right to operate is the inherent right of every natural person. Commercial registration is just a confirmation of the qualifications of commercial entities, not rights. The administrative department should break free from the traditional thinking of strict access and heavy suppression, and implement the people-oriented thinking. Commercial registration is not the only way of market supervision. The “multi-center” governance method may be more suitable for the current management of mobile vendors.