Reasonable Regulation Of Discretion For Industry And Commerce Administrative Law Enforcement Freedom

Administrative discretion is an important power conferred by law on administrative subjects and an important component of administrative law.The discretion of industrial and commercial administration,as a branch of administrative discretion,has both the characteristics of administrative discretion and the characteristics of the administration of industry and commerce.Grasping the characteristics of administrative discretionary power and integrating the characteristics of the administration of industry and commerce make it easy to obtain the characteristics of the administration of industry and commerce—simple addition.Industrial and commercial administrative discretion The role of the socialist market economy plays a decisive role.With the development of the socialist market economy,the types and number of law enforcement affairs of the business administration authorities have continuously increased,and with the development of productivity such as the Internet,new law enforcement management areas and blank supervision areas have emerged,which have been diversified,complicated,and comprehensive.Trend.In order to better respond to the rapid changes and trend development of law enforcement and management,granting industrial and commercial authorities discretion is a necessary and effective solution to the problem,which is a good solution to the contradiction between efficiency and reasonableness.However,the subjective nature of discretionary power is relatively large.It is impossible to realize the unity of reasonableness and efficiency.The practical process will be different from the original intention of legislation,and the corresponding institutional measures must be introduced to regulate and control.The freedom of administrative discretion is not free,and the modern rule of law society must put power into the prison of the system,use discretionary discretion,and really play the role of administrative discretion."One death,one death,and chaos" vividly illustrate the contradiction of regulating the discretion of the industrial and commercial administration.One of the differences between the judicial system and the judicial system is that the administrative management must pursue efficiency,even if the administrative law enforcement work is no exception.Based on the literature’s control of administrative discretion,combined with the characteristics of the administrative enforcement of industry and commerce,from the regulation of the legislation to the control of the internal system,the concept of regulation of industrial and commercial administrative discretion is proposed.Of course,the regulation of industrial and commercial administrative discretion can not be achieved in one step,nor can it be perfect,maintain the continuity of policies,make minor repairs,and make continuous iterations to promote the continuous development of China’s industrial and commercial law enforcement.