Research On Effectiveness Of Administrative Law Enforcement For Industry And Commerce

With the accomplishment of constructing the socialist law system, Chinagovernment management run into the track of rule of law. However, from the point ofview of administrative enforcement, though the relevant substantive and procedurallaw has become more perfect, the effectiveness of law enforcement is still insufficient.By selecting administrative law enforcement for industry and commerce as a sampleand inspecting its effectiveness status quo, this article tries to discover the relevantfactors affecting China administrative law enforcement. The article is divided into sixchapters, not including the introduction.The first chapter is ‘Inspect the effectiveness of administrative law enforcementfor industry and commerce’. With the historical survey of China administration forindustry and commerce and comparative analysis of the corresponding functions offoreign areas, this chapter tries to analyze the overall administration and define theconcepts of administrative law enforcement for industry and commerce andeffectiveness. Then, by analyzing the evaluate framework of administrative lawenforcement effectiveness, the chapter has inspected the effectiveness status quo fromthe view of legal system construction and running.From the second chapter to the fifth chapter, the factors affecting administrativelaw enforcement for industry and commerce have been researched. The second chapteris ‘Mode analysis of administrative law enforcement for industry and commerce’. Byclassifying of law enforcement mode, the China law enforcement is thought in theprocess from the closed law enforcement mode to the open law enforcement mode. Theconflict between the functions as it ought to be which are including maintaining marketorder and solving market disputes and the function as it is which gives priority to solvemarket disputes, affects the effectiveness of China administrative law enforcement forindustry and commerce.The third chapter is ‘Perspective on institutions of administrative lawenforcement for industry and commerce’. By analyzing China’s reform process ofadministrative law enforcement system, and with the new institutionalism approach to interpret the law enforcement system, we can find that a lot of new institutions since1990s present the ceremonial characteristic and play a function of justification, but theycannot solve the non-effective situation of law enforcement; Meanwhile, an analysis ofsubject of administration state clearly that the vertical law enforcement system cannotrealize the legislative intent of enhancing the effectiveness of law enforcement.Effectiveness of law enforcement has been affected by the tension of the rules and thepractice which is brought about by the ceremonial rules and technological practice.The fourth chapter is ‘Research on control of administrative law enforcement forindustry and commerce’. By classified inspecting the institution control as internalexamination and approval and the non-institution control as leader instructions, Chinaadministrative law enforcement for industry and commerce has the characteristics ofprofessional control means, measurable control aims and closed control pattern. Withthe comparative analysis of administrative control and rule control, it is thought that theadministrative control in law enforcement has the active functions such asprofessionalizing and controlling the enforcement power and the passive functionssuch as the color of rule by man and the difficulty of controlling illegal administration.The fifth chapter is ‘Assessment institution of administrative law enforcementfor industry and commerce’. Taking the target responsibility assessment institution of Zprovince administration bureau for industry and commerce as a sample, this chapterinspects the assessment pattern, subject and institutions, and analyzes the assessmentcharacteristics, rules and functions of administrative law enforcement for industry. Theeffectiveness of law enforcement is affected from the procedural law to substantial lawby the present assessment institutions.The sixth chapter is ‘Practice measures and theory analysis of effectiveness ofadministrative law enforcement for industry and commerce’. According to the relevantfactors mentioned above, with the theory and effectiveness analysis, it is thought thatthe practice measures of the super-ministries reform, special law enforcement and jointlaw enforcement cannot solve the effectiveness of law enforcement. This chapter thentries to probe some theoretical issues, such as the justification foundation of lawenforcement, path reconstruction of enforcement effectiveness, law and administrative control, perfect or enforcement assessment system, etc.In the conclusive part, it is thought that the relevant factors affecting theeffectiveness of administrative law enforcement for industry and commerce is also thefactors affecting the effectiveness of China administrative law enforcement, and in thispart, the author put forward the relevant problems needed to further research.