On The Current Situation And Administrative Compulsive Measure Improvement Of Industry And Commerce Administration

'Division of Administration for Industry and Commerce division is a special state division in China. Under the socialist market economy, as a main organization that administers the market with diversified duties, it is currently one of the most administrative organs that have comprehensive powers. In recent years, the importance of conducting administration law and administering market has been emphasized while the function of charging has been weakened for divisions of Administration for Industry and Commerce. To achieve the objective of administering, divisions of Administration for Industry and Commerce must take corresponding administrative compulsory acts, which mean administrative measures. Then, these measures should be widely applied in legal practice.There is a variety of administrative compulsory measures, mainly including sealing up, seizing and freezing of property, registering earlier to preserve evidence, compulsory inspection and compulsory acquisition etc. Among them, sealing up and seizing are two most common acts. It is easily to infringe counterparty's legal right and interest if the power is not properly exercised because these administrative compulsory actions involve restriction of the property right of civilian. Meanwhile, there is not such a law called'Law of Administrative Enforcement'which overall regulates administrative acts. Also, there is less study and emphasis on this topic. Consequently, the essential function of administrative compulsory measures and the purpose of administrating could not be accomplished because divisions of Industry and Commerce lack of a proper law to obey, administrative compulsory measures themselves have some limitations, and imperfection of conducting these acts.This essay analyzed the current status of the legislation of administration enforcement and its application from the perspective of administration practice in Industry and Commerce, based on a certain amount of statistic and investigation on substantive rules and procedural rules of administrative compulsory measures. Meanwhile, it was addressed that there were some weaknesses and limitations existed as a result of various reasons. Then some suggestions against these disadvantages were raised from the perspectives of legislation, procedural unification, legal remedy and legal practice supervision enhancement on administration enforcement of Industry and Commerce. The main purpose of this essay is to fulfill the objective of administrating legally by providing some personal practical thoughts and advices on administrative compulsory measures.