The Legal Research On Administration For Industrial & Commercial: From Aspect Of Market Supervision

The sound development of market economy depends on the benign operation of the market mechanism. To establish and maintain a unique, open, competitive and orderly market needs effective market supervisionAs the main mechanism of the governmental market supervision, the supervision that is carried out by Administration for Industry & Commerce is not desirable. First and foremost, Administrative Department for Industry & Commerce is not independent and authoritative in the system of the governmental market supervision because its dominant status is established by the State Council. So the conflict existing between the Administrative Department for Industry & Commerce and other regulators lowers the efficiency of the market supervision. Secondly, the Administrative Department for Industry & Commerce is faced to the decomposition and crossing of supervisory function inside the department because of establishing the organization according to concrete task. Thirdly, it is the policy of laying stress on controlling entrance into market but overlooking supervision that makes the regulator get bogged down in the routine work. Lastly, that the administrative bureau has insufficient executive means weakens the market supervision and execution. Meanwhile, it attaches importance to the administrative control so that the administrative punishment especially fine has become a primary legal sanction on counterpart.In conclusion, the current situation of market supervision carried out by Administrative Department for Industry & Commerce is not desirable in terms of market access, safeguarding the fair competition and protecting consumer's rights and interests. It is urgent to improve the market supervision mechanism in order to meet the needs of the development of market economy.Certainly, the market supervision has generality and individual character under the market economy. While learning from the developed countries, we must take national conditions into account in the process of structure the market supervision mechanism that meet the needs of the market economic development. This diploma thesis brings up some suggestions about the new mechanism. Firstly, the thesis proves that safeguarding the fair competition should be the direct goal of the governmental policy in market supervision and the principles as follows should be obeyed: (1) unification and coordination; (2) authority and independence; (3) safeguarding fair competition and protecting public interests;(4)guaranteeing the subject's rights and restricting on theauthority. Secondly, it is practicable to structure the new comprehensive market regulator on the basis of present Administrative Department for Industry and Commerce and affirm its authoritative status by law. Thirdly, in the new mechanism, the authority will supervise market following market principles with the rational equipment of the law means of enforcement through strengthening the regulator's procedural power but restraining until canceling its administrative punishment power and granting it the right to prosecute which allowed the authorities to enforce the economic law in lawsuit. Finally, as a supplementary measure to governmental regulation, it is appropriate to set up a system of economic litigation for public interests that can expands the public participation and increases the pubic initiation in safeguarding the fair and competitive market.