Research On The Abuse Of Administrative Discretion Of Market Supervisors In GZ

The market regulation department is responsible for the supervision of our socialist market economy,and the market supervisors employ a certain amount of discretion in their work.As we are stringently promoting the construction of our legal system,the abuse of administrative authority is against the party's principle of governing by law,seriously damaging the people's legal rights,and detrimental to the business environment and economic development.Meanwhile,the abuse of administrative power in law enforcement tends to skew people's values,elicit corruption and incompetence,and seriously damage the government credibility.In analyzing the trademark infringement cases of GZ Administration of Market Regulation during 2012 to 2015,we found that there are certain amounts of administrative power abuse,concerning the definition of the nature and process of the events,selection of method and amount of punishment,and the manner of execution.We believe that the lack of restriction on the above mentioned market supervisors by a strong law system,rigorous social supervision and a well-established managerial institution may be the cause of the abuse of authority.According to the control theories of administrative discretion,the possible solutions to the power abuse of the market supervisors may be as follows: control the source by suppressing the range of administrative discretion,control the procedures by increasing the difficulties in power abuse,control the technicalities by detecting and intervening power abuse as early as possible,and control both the internal and external regulations,by increasing the costs of power abuse.