Discussion On Transformation Of Administration Of Industry And Commercial

Different from overseas market supervision and management authorities, oneindependent State Administration of Industry and Commerce is concentrated onuniform supervision and management of market in China, whose primary function isto maintain market economic order. The progress of Administration of Industry andCommerce to keep market economic order is exactly the progress to perform itsadministrative functions. Therefore, no matter market regulations or administrativebehaviors of no matter traditional economic laws or administrative management canboth be specified and standardized by administrative laws. Moreover, the principlesand theories of administrative laws play the core guiding role in the performance ofadministrative management of Industry and Commerce. Regarding the divergence ofbroadening freedom or strengthening order, of upholding justice or enhancingefficiency, by means of the principles of administrative laws, State Administration ofIndustry and Commerce endeavors to provide theory support and practical evidencefor the approaching transformation of administrative management of Industry andCommerce by making reformation experiments of administrative modes in ShanghaiFree Trade Zone.State Administration of Industry and Commerce of China is establishedaccording to the transition of market system. While dually restricted by bothtraditional administration system and immature market, Administration of Industryand Commerce faces various challenges such as wide management fields, extensivematters, short-term targets, disperse resources and conventional measures.Transformation of State Administration of Industry and Commerce is motivated by the guiding ideology of administration reform in the Eighteenth National Congress ofthe CPC. Transformation of Administration Management of Industry and Commercein Shanghai Free Trade Zone is committed to practice and exploration of functionalrepositioning in market, which implies further promotion of function transformationof government administration as well as experiment of streamlining administrationand delegating power to lower levels. Transformation of Administration Managementof Industry and Commerce in Shanghai Free Trade Zone insists on the core policydesign of “relying on one platform and forming four regulatory mechanisms”,positively accommodates new situation and new requirements of Shanghai Free TradeZone, rigorously distinguishes between government and market, actively changesgovernment’s functions, continuously innovates supervision methods, explores newmode of “easy entrance and strict management” and makes solid foundation forcomprehensive promotion of new management pattern. The key point oftransformation of Administration Management of Industry and Commerce inShanghai Free Trade Zone, i.e. reform of market access, supervision and informationdisclosure, boasts scientificalness, considering no matter thought analysis ofadministrative laws or relevant foreign experience. However, there are three hiddenworries as reformation of paid-in registered capital system, specification of negativelist and maladjustment of basic level units of administration of industry andcommerce to the reformation, which still need focus of attention from Administrationof Industry and Commerce. Transformation of Administration Management ofIndustry and Commerce in the new period is grounded on local development status,takes the initiative to extend policies in Free Trade Zone, and transits the focus fromstrict entrance requirements to follow-up supervision after “easy entrance”, whoserole will also be transformed from the exclusive administrator to the cooperator withother licensing authorities. At the same time, supervision contents will be changed alot. Therefore, Administration of Industry and Commerce shall actively adapt itself tofunction repositioning during the reform, takes up from four aspects, namely limitedgovernment, supervision strengthening, credit construction and social participation,attaches importance to supplies of basic public services of market economics andbuilds environment for fair competition.