Study On The China’s Industrial And Commercial Administrative Law Enforcement

The industrial and commercial administrative department is one of the Important administrative law-enforcement authorities of the socialism, Market economy shouldering the important responsibility to maintain the socialism market order. Since our country executing the reform and open toward outside world policy, different level industrial and commercial administrative departments, development and stability bring its functions of the market. Supervision management and the administrative executing law into full play, to ensure the development of the market economy healthy and orderly. Along with the establishing of the socialism market economy progressively, it is urgent to have an authoritative law-enforcement department to maintain the good economic order, construct a fairly competitive market environment. The state gives this important task to the industrial and commercial management department. In order to make the industrial and commercial administrative department becoming a real main force supporting market supervision and being widely received and understood by different social circles, the key problem is to raise law enforcement capability, undertaking government affairs in conformity with the law, enforcing law in the normal way. So the author wants to study on the industrial and commercial administrative law enforcement in our country from four parts.The first chapter makes clear of the implication of the administrative law enforcement. Firstly, the author will tell you what it is the administrative law enforcement, the features and procedure of the administrative law enforcement and then to reach the normalization of the administrative law enforcement. The administrative law enforcement as the important form of implementation of the law and the special activity of the state, which has following features:the subject of the administrative law enforcement is the national administrative authorities and its servants; the administrative law enforcement is an all-around organization and management activity to the society performed in the name of the country; the administrative law enforcement has the enforceability, and finally, the administrative law enforcing is possessed of the interaction feature. And then the author tells us what it is the industrial and commercial administrative law enforcement and it has the features, compared with other types of law enforcement, it is has Comprehensive, The pursuit of value has a dual, Marketability, Judicial, Diversity and so on. The author also tell about Terms of reference of the industrial and commercial administrative law enforcement in our country, including market access, administrative penalty, market supervision and so on.The second part demonstrates the history of China’s industrial and commercial administrative enforcement. on Enforcement philosophy, our country change the rule of man to the rule of law; change management enforcement to service-oriented law enforcement; And also change Single way of law enforcement to joint law enforcement, change rude enforcement to combination both use the soft law enforcement and rigid enforcement. In the past time, the Enforcement approach is not good for the protection of the rights of law enforcement object. So at now, we must need to use the principle of "Re-education, light punishment" to protect the rights of law enforcement object. The history is important to the Industrial and commercial administrative law enforcement in our country.The third part the author discusses current situation about industrial and commercial administrative law enforcement in our country. The law enforcement problems of the industrial and commercial administration. By analysis the history of the second part, we can see that, with the rapid development of China’s political economy, great progress has been made in the administrative legal construction. And administrative law enforcement has been improved significantly. However, there are still many imperfections in the administrative law enforcement work. Particularly the administrative law enforcement work in grass-roots units shows prominent problems, and has seriously hampered the process of China’s legal system. Therefore we should grasp and analyze precisely the problems and the causes of it and put forward relative solutions, which is of great significance to speed up the socialist legal construction of China. So the author Analysis of existing industrial and commercial administration and enforcement, it includes:abuse of discretion, serious local protectionism, enforcement procedures is illegal and so on. The author also analysis each problem, such as "abuse of discretion" contains:the same situation different penalty; law enforcement significant loss of impartiality; enforcement has arbitrary; Violation of procedure contains:Improper use of summary procedure; free to use the coercive measures and so on. The author Combine with the present situation, analyze the China’s industrial and commercial administrative law enforcement from the concepts of law enforcement, the personnel quality of law enforcement and so on.The fourth part, the author discuss about the way to deal with the law enforcement problem of the industrial and commercial administration. About China’s industrial and commercial administrative law enforcement it has so many problems, it’s not easy to solve, but the author try to solve this problem from multi-angle, such as:actively participate the legal system construction of the present market economy, which is duty-bound responsibility of the industrial and commercial administrative authorities; to raise the quality of the industrial and commercial ranks, which is the key element to perform the administrative affairs in conformity with the laws; to strengthen the normalization and procedure construction of law enforcement, which shall be the foundation work to perform government affair and set up the market supervision authoritativeness; to complete the supervision and restriction mechanism, which shall be the important guarantee to perform the government affairs in conformity with the laws. We also need notice the principle must be obeyed in the law enforcement of the industrial and commercial administration. Such as:fair enforcement and so on. Sum up above mentioned, under the socialism market condition, only vigorously participating legislation activity, establishment of the perfect law and regulations can we do in conformity with the laws:only obey the law enforcement procedure and administrative law performing principle can we ensure that the law served, the laws enforcement shall be strict, the illegal activity shall be investigated under the law, the normalization of the law enforcement in the industrial and commercial administration can be realized.In sum, with the process of opening-up reform in the past years, the business administration undertakes the historic mission of maintaining the order of market economy. However, the theoretical research on it is still in a lag position. In this article analysis the problem about industrial and commercial administrative law enforcement. Beyond the actual work of specific departments, this paper uses the empirical analysis to analyze and discuss the functions of business administration at the theoretical and practical levels, which includes the functional objects, natures and tasks as well as how to adjust the functions in the new situation.