Legal Regulation Of Discretion In Administration Of Industry And Commerce

The administrative department for Industry and commerce undertakes to safeguardfair competition. At the same time,the department inevitably has right of discretion in theAdministration of industry and Commerce, but they often abuse the discretion. It is veryimportant to prevent this kind of abuse.The paper analyses the Legal regulation on the right of discretion in theAdministration of industry and Commerce. First, the paper especially discusses its forms.Although the industrial and commercial administrative discretion and the general sense ofdiscretion has commonness, but its characteristic is obvious. At present, scholars seldompay attention to this piece. The thesis discusses it from six aspects on this particulardiscretion forms. On this basis, the paper discusses the improper exercise in the discretionof the industrial and commercial administrative areas,and its reason and its harm for thesocial. Come to the conclusion,the discretion must be regulated. Finally, the thesis focuson the means of the law control on the industrial and commercial administrativediscretion, from the point of internal control and external control, and the author putsforward some good proposals.