Research On Administrative Law Enforcement Risks And Countermeasures Of Grassroots Market Supervision

Market supervision is a basic function of the government and also one of the focal points of public concern.Under the background of integration of regulatory functions to promote comprehensive law enforcement,market supervision system in our country administrative law enforcement level and the new situation and new task requirements also does not adapt,such as on the principles of administrative law enforcement idea,understand and grasp the need to further deepen,aspects need to further improve and optimize the system mechanism,in the standardization of the administrative law enforcement behavior,the right of discretion of sex,the universality of administrative guidance,etc also need to be further improved.Market supervision departments are under increasing risk pressure,and there are many risk points in the process of administrative law enforcement.Therefore,correctly understanding and avoiding administrative law enforcement risks is an important research topic in the field of market regulation.Comb in study and market regulation,administrative law enforcement risk,on the basis of related literature and the basic theory,the author thinks that the market supervision administrative law enforcement risk is mainly refers to the market supervision department law enforcement personnel within the scope of their functions and powers to carry out the administrative law enforcement process,due to the subjective in violation of law enforcement law enforcement personnel or other objective factors,cause damage to the society or the lawful rights and interests law enforcement object,and a period of time in the future may occur adverse consequences.In the administrative law enforcement of market supervision,there are specific risks of administrative licensing,administrative punishment and administrative inspection,which are characterized by high occurrence probability,wide social influence and high degree of correlation.In recent years,QT county market supervision administration through the personnel and the restructuring of the power and responsibility,integration of the administrative,food and drug supervision and administration for industry and commerce,quality supervision and management functions,reshape the law enforcement organization structure,established a comprehensive administration at the county level had to be responsible for guiding grassroots administrative law enforcement work,has been clear about the case and the case jurisdiction,established the integrity,risk prevention andcontrol mechanism,to explore the squadron mode constantly optimize the mode of administrative law enforcement at the grass-roots level and achieved some results.But in these years of functional integration,there are still several outstanding problems.First,the construction of law enforcement team is relatively backward.The total number of law enforcement personnel is relatively insufficient,the professional level is not high and the composition is not reasonable,which greatly affects the level and quality of law enforcement work,and is the main internal cause of law enforcement risks.Second,the reform of system and mechanism needs to be deepened.The integrated power and responsibility system is still unreasonable,lacks an effective internal and external law enforcement supervision mechanism,lacks a scientific guarantee mechanism,and lacks informationization of supervision methods.These four problems are staged problems in the market supervision reform and are internal objective reasons for risks.Third,the law enforcement environment affects the efficiency of law enforcement.The imperfect legal system environment,the influence of local protectionism and the imperfect risk response system are important external factors that need to be overcome.Therefore,guard against law enforcement risks,one is to establish and improve the rules and regulations,implement law enforcement standardization.The formulation and improvement of rules and regulations shall be carried out simultaneously at multiple levels.The superior market regulatory authorities shall clarify their responsibilities and formulate unified law enforcement standards.Perfect internal supervision and introduce social supervision to realize sunshine law enforcement;We will establish and improve mechanisms for assessing and rewarding law enforcement officials so that they can focus on their work.Keep up with the development of science and technology,improve law enforcement technology,and achieve targeted regulation.Second,we should improve the construction of our own forces and raise the level of law enforcement.Through innovative cooperation mechanism,personnel from other departments can be enriched into grassroots law enforcement forces for joint law enforcement to solve the problem of fewer personnel;To strengthen the operational capacity of law enforcement personnel and overcome the fear of competence by improving the training mechanism;Further adjust the personnel structure,fine bureau strong the idea of the office,young cadres to enrich the frontline law enforcement posts.Third,we need to improve the law enforcement environment and realize joint prevention and control.Update relevant laws timely at the national level to avoid loopholes in law enforcement;Law enforcement departments should establish law enforcement authority,obtain the support of localgovernment,and strengthen the legal awareness of the public;We will optimize the response system for administrative reconsideration and administrative litigation,and prevent public opinion risks caused by professional counterfeiters.