A Study On The Construction Of Administrative Law Enforcement Authority In Industry And Commerce

The administrative agency for Industry and commerce is the government department incharge of market supervision and administrative enforcement of law, with the continuousdevelopment of market economy, the industrial and commercial administrative lawenforcement work shoulder the main tenance of market order for fair competition, protect thelegitimate rights and interests of operators and consumers more and more arduous task, fromproduction to consumption link, from the real economy to the trade of the network, the scope ofits regulation and content have been greatly extended, has been far beyond the past to define theindustry and Commerce Administration theory. Put forward the idea of the construction of theservice type government, mistake once made the administrative department for Industry andcommerce into heavy service light regulation, also led to the industrial and commercialadministrative law enforcement work is relatively weak, this has to a certain extent, led to theindustrial and commercial administrative law enforcement authority of the loss. Therefore, theresearch on the establishment of industrial and commercial administration law enforcementauthority, help to promote the industry and commerce administration system reform andorganization reform, promote the self perfection and development of the industry and commerceadministration, and ultimately help to strengthen market supervision, to establish a good marketeconomic order, further optimize the allocation of resources, promote the stable growth ofeconomy.In this paper, from the perspective of industrial and commercial administration lawenforcement authority, to the rule of law theory and the authoritative theory as the theoreticalfoundation, through the literature research, qualitative analysis, system analysis and on-the-spotinvestigation method, has conducted the system research on the constructing problem of lawenforcement of industrial and commercial administration authority. Firstly, analyses the fivefactors influencing the construction of industrial and commercial administration law enforcementauthority, including legal protection (basic elements), institutional settings (vector), personnel(practice elements), program performance (standard elements), the implementation of thedecision (object element). Then, the results of the investigation to the Shandong ProvinceIndustrial and commercial administrative law according to the current situation, in-depth analysisof the above five factors in the course of the construction of the existing problems in theindustrial and commercial administrative law enforcement authority, such as the legal system isnot perfect, part of the contents of the urgent need to revise and perfect; management system is not in place, the resistance of administrative law enforcement work hard; structure and lawenforcement personnel not reasonable, the quality of construction needs to be strengthened; thesupervision mechanism is not perfect, the internal construction of the system becomes a mereformality; changing the idea of enforcement is not in place, it is difficult to effectively enhancethe effect of law enforcement. Finally, starting from the micro perspective of innovation andpractice, construction of the industrial and commercial administrative law enforcement authoritypath put forward some advices, including mainly based on practical, in-depth research, andactively promote the business legal system and establish a sound; comprehensive coordination,promote reform, reconstruction of the powers and responsibilities clear and law enforcementdepartments to co-ordinate the allocation of resources, strengthening; vocational training, theformation of charismatic and law enforcement personnel; strengthen internal constraints,encourage the external supervision, to ensure that law enforcement fairness and justice; tochange the idea, to actively strive to improve the effectiveness of administrative law enforcement,etc., to help the situation to improve the industrial and commercial administrative lawenforcement work in china.