Legal analysis
These Provisions are formulated in accordance with the Administrative Punishment Law, the Administrative Licensing Law and other laws and administrative regulations in order to strengthen the supervision of the administrative law enforcement actions of the administrative departments for industry and commerce, improve the normalized supervision system, ensure the correct implementation of various laws, regulations and rules on industrial and commercial administration, promote strict and standardized fair and civilized law enforcement, and protect the legitimate rights and interests of citizens, legal persons and their organizations. It refers to the activities such as inspection, evaluation, supervision and correction of the administrative law enforcement actions of the higher-level administrative authorities for industry and commerce by the lower-level administrative authorities for industry and commerce and the administrative authorities for industry and commerce at all levels. The administrative departments for industry and commerce at all levels shall establish and improve the system of law enforcement supervision, improve the procedures of law enforcement supervision, strengthen the means of law enforcement supervision, actively explore effective ways and means of law enforcement supervision, and strengthen the supervision and restriction of administrative law enforcement behavior of various administrative departments for industry and commerce. The legal institutions of industrial and commercial administrations at all levels are the competent departments of law enforcement and supervision, and are responsible for organizing, coordinating, guiding and implementing law enforcement and supervision under the leadership of the industrial and commercial administrations at the same level. The administrative departments for industry and commerce at all levels and their relevant institutions shall, in accordance with their duties, do a good job in law enforcement and supervision in related fields. Law enforcement supervision should follow the principle of combining supervision with promoting law enforcement, correcting mistakes with improving work, adhere to the principle that laws must be observed and violators must be prosecuted to ensure administration according to law. The administrative department for industry and commerce at a higher level may require the administrative department for industry and commerce at a lower level to report in writing on the implementation of relevant laws, regulations and rules on industrial and commercial administration. Normative documents formulated by the administrative department for industry and commerce that have a direct impact on the rights and obligations of citizens, legal persons or their organizations shall be examined for legality, and shall not be published without legality examination.
legal ground
Article 17 of the Administrative Compulsory Law of the People's Republic of China * * * Administrative compulsory measures shall be implemented by administrative organs as prescribed by laws and regulations within the scope of statutory functions and powers. The power of administrative compulsory measures shall not be entrusted. According to the provisions of the Administrative Punishment Law of the People's Republic of China, administrative organs exercising relatively centralized power of administrative punishment may implement administrative compulsory measures related to the power of administrative punishment as stipulated by laws and regulations. Administrative compulsory measures shall be implemented by qualified administrative law enforcement personnel of administrative organs, and other personnel shall not implement them.