Research On The Administrative Omission Of Administrative Enforcement Of Patent

With the gradual improvement of administrative legislation and administrative system reform in recent years,the enforcement of administrative law in China has been greatly improved under the guidance of the concept "rule by law".The attention and discussion to the legitimacy and rationality of administrative enforcement in China especially have been promoted by the amendment of Administrative Procedure Law.At the same time,we should face up to the problems that still need to be improved.�Enforce the law strictly�is one of the basic requirements of law-based administration,but the Law enforcement officers sometimes didn't actively and fully exercise the power of the situation under the influence of China's traditional concept of the supremacy of power.The public can be vigilant about the obvious illegal acts against administrative law,but they lack of adequate attention to administrative omission.Administrative omission is a complex phenomenon,but also a great research topic.This paper focused on administrative omission in administrative enforcement of patent,in order to do a deep demonstration.There are some problems in administrative enforcement of patent,such as some agencies have legal power but don't exercise actively,or they exercise the power in form,but didn't reach the substantially administrative purpose.Its reasons include the lack of forceful operation regulation,the unreasonable distribution of power and law enforcement officers whose legal literacy needs to be improved,the imperfection of power-supervise system.This paper puts forward the feasible countermeasures to explore how to exercise power for the people,and work for their interests,including reforming patent law system,enacting uniform administrative procedural law,strengthening the internal and external supervision,optimizing the distribution of the authority,and finally strengthening training of some officers.This paper is divided into six parts: the first part is the introduction,introduces the topic's research background,research significance,research methods and research status,and explains the basic concepts involved;the second part is specific description of the administrative omission in administrative enforcement of patent based on the actual cases,then analysises its characteristics and come to a conclusion that they are characterized as illegal administrative omission;the third part introduces the history and development ofadministrative enforcement system of patent law,analyzes the importance of the patent administrative enforcement system and the law enforcement situation is worrying;the fourth part discusses the reasons of illegal administrative omission of patent from the �dare not do,do not want to do,can not do�;the fifth part puts forward corresponding countermeasures and suggestions in view of these reasons,in order to provide a reference to reverse the current situation;the last part is the conclusion,making a summary of this article,and pointing out the deficiencies of the paper and the author's expectation.