The Application Of Administrative Coercive In National Economic Regulation

Economic regulation is one of the most basic function of government as social administrators. Government adjust the economic structure through the development of policies and laws, while intervene or guide the behavior of the market participants directly by social organizations, social laws and administrative powers, to maintain the normal order of market economy and to ensure the stable operation of the market mechanism. Economic regulation of government usually play a role in the field which the market mechanism failed to allocate resources reasonably for its own defects including the provision of public goods, development of public utilities and exploitation of limited natural resources. Exercising administrative powers is the most direct means of economic regulation by the government, including administrative license, administrative punishment and administrative coercive. Among them, administrative coercive is the only one which can play role through the whole process of market economic activities. With mandatory, real-time and tort characteristics, the setting, subject and range of administrative coercive must be strictly limited and regulated. Taking the administrative coercive measures in handling the BoHai Bay oil spill incident for example, this article explores that how do administrative authorities exercise administrative coercive powers in specific areas of economic regulation according to their own responsibilities and the law, to prevent or control hazards, protect victims’ rights, maintain the stability of the market economy and social order. The article also explores some key issues that should be noted in that process.