The Study Of The Executive Authority Of The Department Of Industry And Commerce Administration Of Contemporary China

The department of industry and commerce administration is the important part of the government in the socialistic system of market economy. It was endowed with the function of practicing nation's administing power and safeguarding the development of social economy. According to "Three Dings" Scheme of the National Bureau sanctioned by State Department, its main function is to have comprehensive supervision management and execution to the admittance behavior of market subject, market deal, competition behavior and the behavior of market exit, etc. That is, in relation to the nation's task and target of innovation and development in different times, it is to supervise various market subjects' market admittance, exit, deal and competition in accordance with the request of building and maintaining the unified, open, competitive and orderly market, and its core is the management to the behavior of market subject. The department of Industry and commerce administration is the idiographic form of nation's power and law in the field of market supervision and execution, the law performer of market supervision and the importment part of nation's superstructure. Its effect and strength of performing the law will directly influence the realization of funtions of our government and nation.For many years, the research and practice to the executive authority of the department of Industry and commerce administration has been relatively weak. Because the intangible effect of execution is hard to be recognized correctly in contrast to the tangible effect of execution by fining and confiscating.The executive authority of the department of Industry and commerce administration is a special one, owing to the organ, the people , the process and the result of execution could gain the society's wide respect and perform, which would be attributed to the strength of credit and perform made by the executive organ and its people.The department of industry and commerce administration's execution of enforcing the law needs the recognization of the public. Its authoritive formation relys on the its status in law and systematic functions as well as the sense of justice formed in the process and result of its execution.To execute according to the law strictly is the lifeline of the government's work, more than 80 percent executive power is endowed to the executive departments, therefore, in some sense, these departments represent the government. Thereby, to attach importance to the executive authority is to attach importance to the image of the government in people's mind. To some degree, the focus of our nation's legal system construction shifts from legislation to execution. As the department of supervising management and execution standing for the government, the maintainance and stablization of market economy order, the realization of nomocracy and the harmonious society depend on its construction of executive authority. Due to the various disadvantages in the process of administration, the execution of the department of industry and commerce administration is very hard to suit the society's development and at the same time viciously influences the construction of the executive authority of the department of industry and commerce administration. Thereby, the construction of its executive authority must be improved as soon as possible. So constructing the executive authority is the necessary step in the development of practice.In recent years, many specialized renovations are following one by one, while new problems would always appear after these renovations. The sequence of problems like liquor of inferior quality, milk powder of bad quality, poisonous rice and dealing without license expose the weakness, poor effect, and low public suppport in the process of the executive behavior. The reason why the executive effect is weak, and the authority is not strong, expecially the work assigned to the grass roots of the department of business administration is hard to fulfill can be attributed to many aspects, like the executive gist, the executive system and the quality of the executive stuff, and so on. Therefore, how to construct the executive authority and improve the executive ability is a big problem exposed to the department of Industry and commerce administration, which is urgent and necessary.The executive authority of the department of business admistration is both a front theoretical problem and a practicable realistic problem tightly connecting to daily executive bahavior. My dissertation takes the relationships between the government and the market, between the government, between the government and the law as its fundation, takes the theories as my arguments such as the theory of socialist market economy, the theory of the public service administration, the theory of administration and government by law, the theory of social control, and the theory of industry and commerce administration. By analysing the status quo, the existing problem and the formation cause of our nation's execution in the field of the department of industry and commerce administration. My aim is to point out the realistic necessity of constructing the industry and commerce administration department's executive authority. My dissertation analyses the functional pattern of supervision and execution in western countries market and quests for the more effective construcion method. Any my dissertation also offers an pattern for our nation's system innovation of the industry and commerce administration department by the way of positivistic analyzation, retrospecting the changing track of the executive function of the industry and commerce administration department in our nation, as well as probing into the target pattern and method of constructing the executive authority of the industry and commerce administration department. The paper offers a relatively systematical and comprehensive research and at the same time lawful toward the executive authority of the industry and commerce administration department. Meanwhile the paper makes a conceive at the aspect of practice. The whole paper is mainly consisted of the forming condition of the executive authority and the elements affecting it, the theoretic foundation and realistic necessity of constructing the executive authority, and the related elucidation induced from the developed country's experience in market supervision and execution. The dissertation's main point is to make a research to the target pattern and method of constructing the executive authority of the industry and commerce administration department. The dissertation provides a reasonable research which is put in the time background when the Chinese government determines to take a systematic innovation in execution and to build a harmonious society. Making the department as a point of view, the dissertation affords a systematic exploration and aims at solving the problem of basic theory and practice to the executive authority, which embodies a kind of social care in acadamy.The whole dissertation is consisted of the abstract and 7 chapters. The abstract tells the reason and great meaning of making a research to the executive authority of the industry and commerce administration department, and meanwhile sums up the main content, the structure , researching method and writing scheme of the paper. Then the seven chapters research the history and reality of constructing the executive authority of the industry and commerce administration department, the system and pattern of market supervision and execution at home and abroad, and so on.The first chapter: the basic condition and influencial elements in constructing the executive authority of the industry and commerce administration department. This part makes an introduction to related concepts and theories, aims at exploring and analysing the theory foundation of the executive authority of the industry and commerce administration in our country, and concludes its importance.The second chapter: the theoretic foundation of constructing the executive authority of the industry and commerce administration. By concretely analysing these theories, it is helpful to understand the necessity of constructing the executive authority.The third chapter: the realistic necessity of constructing the executive authority of the industry and commerce administration in our state. The part mainly offers retrospect to the changing trace of the exective function in the industry and commerce administration. It analyses the status in quo of our nation's industry and commerce execution, and makes a constructive exploration to the questions in constructing the executive authority of the industry and commerce administration in our state. So it is proved that it is possible to realize the construction.The fourth chapter: the experience learned from countries. The part starts with the executive system of market supervision and analyses as well as compares ones with main western countries in the basic aspects such as the subject, the limit, the status of law, and the way of execution and so on. Something regular and the developing trend of market execution in law are explored here, which it is very helpful to make clear the innovation method of market supervision and exertion, and to promote the building of executive authority in our nation's industry and commerce administration department.The fifth chapter: the evaluation system of constructing the executive authority enforcing the law of industry and commerce administration. This part is based on the evaluation system and points out the necessity and principles of setting up the evaluation system. The basic target and requirements of constructing the executive authority in the industry and commerce administration are also mentioned in this chapter.The sixth chapter is our nation's the target and pattern of constructing the executive authority in the industry and commerce administration in the range of law. The main content of this chapter is the introduction to the construction of the executive authority in China's several developed areas such as Shanghai City, Jiangshu Province and Nanchang City.The last chapter: our nation's basic route of constructing the executive authority in the industry and commerce administration in the range of law. It put forward that the construction of authority should base on the construction of law, system, mechanism and team. The chapter is about the route of the construction.