Research On The Influence Of Local Protectionism On The Industrial And Commercial Department's Law Enforcement

In China,the administration for commerce and industry,with a long historical origin,is the consequence brought about by the social and economic development.As the socialist market economic structure is getting mature,its function is evolving from the initial relative fuzzy economy management to the present market check management and administrative law enforcement.At present,our country being at the new era of comprehensively deepening reform,for the administration of industrial and commercial department,serious consideration needs to be taken concerning issues such as self reform,function transformation,duty recognition and system upgrade.In the new situation when the structure system has been shifted from the vertical management to the hierarchic management,the service provided to the local economy by the industrial and commercial department plays a positive role.However,some factors such as the local protectionism and the market segmentation have,to some extent,weakened the capability of fulfilling legal functions by the industrial and commercial department.Among so many factors mentioned above,the local protectionism plays a huge negative role in the law enforcement of the industrial and commercial department in the market supervision.Thus,it is necessary to realize its urgency and specialty and find earlier solutions to it.The combination of theory research and practice analysis is applied in this thesis to analyze the recent three-year data of law enforcement and case handling by the industrial and commercial system in X City,Fujian Province since 2014.The interview record has been summarized.It is found that selective check and enforcement,the prevention of enforcement investigation conspired by both inter and outer circles and enforcement nonfeasance under the pressure of administration and justice are the main types of the influence of local protectionism on the law enforcement of industrial and commercial department.Moreover,based on the public management theory reasons for the influence of local protectionism on the law enforcement of industrial and commercial department are analyzed.They are the double pressure from performance evaluation and financial income,the political and economical competition between local governments,collusion between local government and local government.Finally,according to the reality of the market supervision in X City,Fujian Province,five different dimensions are presented as comprehensive treatment solutions and suggestions for the local protectionism in the law enforcement of the industrial and commercial department.They are:to improve the performance evaluation system of local government scientifically,to supervise and control the power interference of local bureaucrats,to explore and innovate the law enforcement mechanism of industrial and commercial departments,to ptimize the industrial and commercial human resources incentive system of law enforcement and to strengthen the supervision of law enforcement by the industrial and commercial departments.