| The production and supplying of the urban gas is the important components of city-owned utilities and the important infrastructure of the city. The gas's production and supplying scale and standardized degree and efficiency of gas management is the important sign of the urban bearing capacity. It is an important respect of public utilities management that the gas of the city is managed and an important component of the public administrative, reflecting the government's service function directly. It is government's social and economic control for enterprise economic activity to meet society's needs and realize public interests. It is public service the government must offer and public responsibility the government must offer. First, the administration according to law of gas management is an inevitable requirement for the public administrative principle The legislature makes the basis as the administrative behavior of administrative organ of various kinds of laws. The administrative organ must set up and move about in the range of the legal provisions in accordance with the law and the rights exercised can't exceed the authorized range of law . Firstly , the necessary of gas managing the administration according to law. 1.The public and administrative of gas management is to meet society's needs, meet the people's life and production's needs, offer the high-quality public products in an all-round way, make every good service for the masses and safeguard producers', operator's and users'legitimate rights and interests. The urban gas is important resources of production and life in the city.On the premise of giving full play to the market and disposing the function automatically, the government must manage and standardize the production operation of enterprises in accordance with the law , so as to ensure resource effective with dispose rationally ,guarantee the realization of sustainable development, improve social benefit and economic benefit of the developing and utilizing of resources and make the two reach the organic balance . Secondly , it is an inevitable requirement governed by law of a administration that the gas is managed to administer the state according to law As the composition of public and administrative, gas administration must operate in the frame of the law and observe and maintain the administrative order. On the premise of defining the right and obligation, it must fulfill the legal obligation faithfully . According to the laws and regulations of trade management, gas administration must adhere to the unity of administrative legitimacy and rationality principle, really protect citizen's right and attack the behavior of endangering public interests in order to gain masses' trust and support to the government and make realistic efforts to set up harmonious society. Thirdly , the administration according to law of gas management is an inevitable requirement of the social development Establishment and development of socialist market economy, constant promotion of the administrative system reform, the gradual promotion of the market-based process of public utilities are the government's function which having changed basically. Separate government function from enterprise management defines the relation between government and enterprise and function range, which require the government to administer the state according to law to the management of the gas trade , to make the government and enterprise move about in the range of the legal provisions. The administration according to law of gas management is the necessity of society , politics , economy and culture developing into certain historical stage . Fourthly, the administration according to law of gas management is an inevitable requirement of the examination and approval system reform Administrative licensing in gas management , before the reform ,whose setting up accords to the laws and regulations , administrative rule and regulatory file ,has not met the need of economic development of the market yet and accorded with the demands for " administrative licensing law of the People's Republic of China " . It is the embodiment of the backward administrative management idea and restricts the sound development of the gas market. It does not accord with the principle of examining and approving legal , rational and efficiency . So it is necessary to set up administrative licensing in accordance with the law , clear up the administrative licensing item which does not have the laws and regulations basis and make the gas managed and included in the legal track.Two, history and current situation of the gas trade in Changchun The gas undertaking of Changchun began with November of 1925,which is one of the earliest cities using artificial coal gas in China. 20 years of reform and opening-up was the historical period that the gas trade of our city developed at full speed. At present the total supply of the gas is : 188,310,000 cubic meters per year of artificial coal gas. 141 million cubic meters per year of natural gas. 60,000 tons of liquefied petroleum gas per year. There are 2,242,000 people using gas. City comprehensive gasification rate is 95.2%. The length of pipe network of gas is 2144 kilometers. Meanwhile, with the gradual establishment of socialist market economy, gas trade has already completed the transformation from the state-run proprietorship and monopoly industry to coexisting in many kinds of economic forms and the market economy of abundant competition , with constant development and completion. At present, there is gas in all in 35 enterprises in Changchun, among which there are two state-run proprietorships one joint venture, one foreign capitals proprietorship and 30 enterprises run by the local people. Employees are more than 6000. Third , problems and reasons in gas trade management in Changchun Firstly , the lagging that the administration legislates hinders the administration according to law of gas management The essential condition of the administration according to law of gas management is a legal basis of gas trade management. It requires the administrative legistration work of gas management to fully consider the reality of social constant development and change. An important reason that the administration legislates to lag behind is that the administration legislates in planning are lack of leading. It is with high costs and long time that the administration legislates. The second of reason that the administration legislates to lag behind is that the administration legislates is lack of foresighting . Constant development and changing of the social affairs, especially a lot of new things'appearances, make the already existing administrative statute not meet the needs of administering the state according to law yet and give and manage the blank that brings the laws and regulations. Secondly, the existing administrative statute lacks the tightness and effectivenessIn the concrete management, there are a lot of realistic problems. Because there is no corresponding clause to confirm, gas manage administrative organ is unable to offer appropriate treatment and stipulate some behavior be forbidden strictly But it doesn't provide the responsibility that administration relative people should shoulder if they violate above-mentioned regulations ,which makes the management lose the due effect. Thirdly, government's completeness changing of government's functional relationship The production and stability of the gas supply concerts the realization of public interests directly, even concerning the government's image. Therefore state-run gas enterprise's lagging reform make the completeness of government function transition in the relation between the government and similar public enterprise. This completeness will inevitablely cause gas administrative department meets a lot of insurmountable obstacles while administering the state according to law. Fourthly, contradiction between administrative legitimacy principle and administrative rationality principle in gas management Gas trade's own particularity and public beneficial make the contradiction that while adhering to administrative legitimacy it can't fully give consideration to administrative rationality . Fifthly, the influence social traditional ideology gives to the state according to law Under the socialist market economy system, because of the long-term thinking inertia and behavior, the Northeast planned economic system's serious reforming mark , opening's not enough degree , the lagging behind social economic development, the conspicuous social contradiction and the masses' opening consciousness, modern thinking, the concept of the rule of law is not strong, thought and ability of safeguarding one's own rights and interests by means of law are insufficient, still staying in the concept of looking for the government in everything and the government can solve it. Secondly, strengthen department's coordination and use government's integration capability Except accepting government's gas administrative institution's supervision...
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