Research About The Problem Of Industrial And Commercial Administrative Enforcement

In recent years, China is speeding up the pace of building a socialist country ruled by law requires. Administrative authorities in our country are increasingly focusing on people-oriented, the center of their work is on the changing road from management to service. On January 1,2012, China purposed the Administrative Enforcement Law within the country. The law formulates the entire rule system of compulsory administrative with specific provisions. From now on, Industry and Commerce Department has higher, more specific requirements when implementing administrative enforcement. This paper analyzed the legislative status of Industrial and Commercial administrative enforcement systematically and probed the Administrative Enforcement Law’s regulation on Industry and Commerce Department. Then proposed some problems when Industry and Commerce department implementing the Administrative Enforcement Law. At last, it recommended on regulating administrative enforcement, enhancing awareness of the law enforcement, constructing Industry and Commerce department’s constitutionality, to serve the public interest and the protection of human rights.Chapter 1 firstly expounded the basic theory of administrative enforcement, such as the concept and types of administrative enforcement,the distinction between related concepts. Secondly, it discussed theconcept,characteristics, classification and distinction of industrial and commercial administrative enforcement in our country. The second part generalizes laws and regulations of Industry and Commerce Department administrative enforcement in our country. By listing enforcement cases of a local level Industry and Commerce department, it investigated practical problems when implementing these laws presently through system and empirical analysis. In the perspective of Industry and Commerce Department, the third part elaborates the influences on the department’s administrative enforcement including : 1) further change concept of law enforcement; 2) regulation on administrative compulsory measures; 3) regulation on administrative enforcement; 4) there are still some problems to implement the law, then recommend solutions to them.Part IV presents suggestions to improve Industry and Commerce Department administrative enforcement from four aspects. First of all,emphasizing Industry and Commerce Department should establish the concept of enforcement for the people; secondly, clear laws and regulations for Industry and Commerce Department administrative enforcement, thirdly, improving relevant regulatory system of Industry and Commerce Department law enforcement. Fourthly, elaborating relevant way to protect the rights of citizens.