Study On Control On Discretionary Power In Industry And Commerce Administration

Administrative discretionary power (hereinafter referred to as DP), as one of the important components of administrative power as well as an inevitable requirement of modern administration, refers to the administrative authorities' flexible administrative power of disposing administrative affairs conferred by the State in the range of laws and regulations, which is indispensable for to an administration subject to improve administrative efficiency. Industry and commerce administrative authorities undertake many functions like access of market players, fair dealing, administration of market standards, supervision of trademarks and advertisements, protection of consumers' rights and interests. It's indispensable for industry and commerce administrative authorities to have DP of supervision and law enforcement so as to fulfil their duties and responsibilities more efficiently and practically. However, DP is a "double-edged sword". On the one hand, it enables industry and commerce administrative authorities to execute laws legally and flexibly; on the other hand, it may be abused for various reasons in practice simply because it has "too much flexibility". Therefore, it's an important topic, a basic way to improve the efficiency of industry and commerce administration, and an fundamental requirement of carrying out the principles of "legal administration and governing for the people" to have a right understanding of DP, to use it properly and reasonably, and to reduce or even eliminate any abuse of it.This dissertation has four parts:PartⅠis an introduction, elaborating the significance of study on control of DP in industry and commerce administration, research review, research ideas and methods, and paper framework; PartⅡtells the basic understanding of DP in industry and commerce administration in China, focusing on the inner meaning, manifestation, and features of DP, with a purpose of having a clear understanding of it so as to lay a foundation for further study; PartⅢis mainly an analysis of the current situation and existing problems in the practice of implement DP in industry and commerce administration; and PartⅣoffers some countermeasures and advices on the control of DP in industry and commerce administration, elaborating the principles of applying DP and analysing it both internally and externally as well.