On The Discretionary Power And Its Control In Industrial And Commercial Adiministraion

The industrial and commercial of the administrative body are the important administrative body in China. They were responsible for supervise the market and enforce law. Whether the operation of the right of the free judge is suitable or not, it concern to the image of the industrial and commercial of the administrative body and the government.With the rapid development of the modern society, the scope of the administration is enlarged. The right of the administration is everywhere. The right of the free judge of the administrative body was also enlarged. The right of the administration was owned by the administrative body during the active of the administration. They could decide the most suitable way to use their right. The right of the free judge of the industrial and commercial of the administrative body. The right is the during the active of the administration the administrative body choose the best way to solve problems.The right of free judge of the administration is different from the strict regular. It decided by the special position of the industrial and commercial of the administrative body in China. The content of the right is decided by the law. The form of the right could divided into make sure the range of the punishment of the right, choose the way of the activity of the right, decide the time limit of the activity and so on. The operation must be legality.Recently, the problem of abuse the right of free judge of the industrial and commercial of the administration was very serious. The manifestation of the problem are unfairly, judge at will and so on.Abuse the right of free judge of the industrial and commercial of the administration obey the purpose of the law, and destroy the order of the law. The result is seriously. We must control it. We could use the way of legislation control, judicial control, internal control and society control together. They are the effective way.