On The Administrative Discretionary Power Of Market Supervision And Administration In County A Of Jilin Province

Most of the county-level market supervision departments in my country were established after 2014,The market supervision department is responsible for responsibilities such as food safety,direct marketing,pyramid schemes,registration of market entities,protection of consumer rights,online market supervision,drug circulation,medical devices,intellectual property rights,market measurement behavior supervision,and trademark advertising supervision.An important comprehensive law enforcement agency.Compared with other law enforcement departments,law enforcement objects are more complex,which can be a natural person or a legal person or other organization.In order to enable the market supervision authorities to perform their duties better in the complex market situation,The State Administration for Market Regulation proposed to exercise administrative discretion in accordance with the law in the course of administrative law enforcement,the discretion of market supervision and law enforcement is essential.However,from another point of view,administrative discretion has advantages and disadvantages,that is,for one thing,it can make the law enforcement process of the market supervision organ reasonable and reasonable,and increase the mobility of law enforcement work and the efficiency of productivity law enforcement;on the other side,because the scope and range of administrative discretion of market supervision are large,In the specific administrative law enforcement of market supervision,it is abused for various reasons.Consequently,how the grassroots market supervision and law enforcement personnel can properly exercise discretion is in urgent need of research and solution.This article focuses on five aspects: the first is the preface,which mostly recommends the setting and importance of the research in this article,sums up the previous research on discretion at domestic and international,and introduced the contentand methods used in the research,as well as the innovations and deficiencies of the research.The first chapter mainly analyzes the related concepts of market surveillance discretion and street bureaucracy theory,by studying the principles that law enforcement personnel of the market supervision and management department of County A must follow when exercising administrative discretion in the law enforcement process,and demonstrated the importance of the existence of administrative discretion.Chapter Two elaborates the situation of the exercise of discretion by the supervisory and law enforcement personnel of the grass-roots market.The third chapter is the analysis of some problems and motivations of the grass-roots market supervision and enforcement officers in the use of discretionary power,that is,from the perspective of legislative authority and practical application,it reaches the practical significance of discretionary power of market supervision and enforcement and obtains discretion There are four reasons for the driving of self-interest,related systems still need to be improved,the short of scientific means of administrative law enforcement and the building of the law-enforcing team needs to enhance.The fourth chapter is to resolve the matters listed above,give some advice to resolve the improper use and abuse of the discretion of the grassroots market supervision and law enforcement personnel,better regulate the use of the market supervision discretion.