Question 1: What powers does the Industry and Commerce Bureau have? You are an industrialist operating without a license.

Regardless of whether you are in business or not, you actually already have a storefront and advertisements, so you can understand that you are operating.

According to the procedure, you should apply for a business license first, and then do other work.

I suggest you find a way to overcome the difficulty, pay some money for a meal, and see if I can let you go.

Question 2: What rights does the Industrial and Commercial Bureau have? What is the basis for fines? Didn't I tell you? There is no need to pay this money, and there is no mention of paying a deposit first as a fine.

If they really want to be punished, you ask them to issue an administrative penalty decision, secretly record every time you have contact with them, and then go to the local *** to file a complaint. This is not called arbitrary charging, this is called blackmail!

But then again, is the general agent you wrote about true? Are you really the general agent?

Question 3: The powers of the Market Supervision Administration and the Industry and Commerce Bureau. Currently, only Shenzhen and Shanghai have “Market Supervision Administrations” in my country.

In accordance with the vision of the large-scale reform, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the State Food and Drug Administration, the Food Safety Office of the State Council, the market order management of the Ministry of Commerce, and the anti-monopoly functions of the National Development and Reform Commission were merged into the national market General Administration of Supervision and Administration. The departments that are no longer retained include: State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, State Food and Drug Administration, and Food Safety Office of the State Council.

Therefore, the Market Supervision Administration combines the powers of the above-mentioned departments and has much greater power than the Industry and Commerce Bureau.

Question 4: Does the Industrial and Commercial Bureau have the power to enforce the law? Your case is a civil dispute and is not subject to industrial and commercial administration. Unless you purchased fake and shoddy furniture, the industrial and commercial department can impose penalties and order compensation. Taking your situation to court is the right solution.

Question 5: What does the Economic Inspection Section of the Industrial and Commercial Bureau do? What are the functions and rights of the work

(Seventh issue)

Sponsored by Miyun Branch of Beijing Municipal Administration for Industry and Commerce on June 14, 2004

The inspection and handling of cases is How to handle cases in accordance with the law in a highly professional job? How to solve various problems in handling cases? This is an issue that our grassroots case investigators urgently need to solve. Cao Yi, chief of the Economic Inspection Section of the branch, and Wang Chunhua, clerk, combined with the actual situation of the economic inspection work of the branch, wrote a research material "A Brief Discussion on Eight Common Issues in Economic Inspection Case Handling", which was adopted by the Municipal Bureau's research results and is now forwarded to Everyone, for comrades to learn and communicate.

―Editor―

A brief discussion of eight common problems in economic inspection cases

Miyun Branch: Cao Yi and Wang Chunhua

Economic Inspection Fair trade law enforcement at work is an important guarantee for the social market economic system. Without the guarantee of fair trade law enforcement, there will be no healthy development of the market economy. Therefore, striving to create a fair competitive market environment is what our party and the country have given to the industrial and commercial administration. A historically important mission for the administration. With the gradual establishment and improvement of my country's market economic system, especially its accession to the World Trade Organization and the implementation of the Western Development Strategy, market entities have become more diverse, market behavior has become more complex, and economic inspection work is facing severe challenges.

With the implementation of the "Administrative Penalty Law" and the "Interim Provisions on Administrative Penalty Procedures of Industrial and Commercial Administrative Agencies", the investigation and handling of cases in economic inspection work have become more rigorous and the procedures have become more standardized. However, in our case handling process There are still some problems. The main manifestations are:

1. Conduct case investigation first and then file the case. In accordance with Article 13 of the "Interim Provisions on Administrative Punishment Procedures of Industrial and Commercial Administrative Agencies", industrial and commercial administrative agencies should file a case when investigating and handling illegal acts. This is the link for administrative agencies to initiate administrative punishment procedures and is the prerequisite for in-depth investigation and evidence collection of the case. .

9. Responsible for trademark registration and trademark management, protecting trademark exclusive rights, organizing the investigation and handling of trademark infringements, and strengthening the certification and protection of well-known trademarks. 10. Organize and supervise the business activities of individual industrial and commercial households, individual partnerships and private enterprises in accordance with the law.

Question 8: What is the scope of the industrial and commercial bureau’s law enforcement powers? The administrative law enforcement position of the industrial and commercial bureau is to perform administrative law enforcement duties on behalf of the country, such as market (broad) supervision, economic case investigation, special inspection and other industrial and commercial department functions. As a national civil servant, this position requires proficiency and accurate application of work-related laws, regulations and relevant policies, handling affairs in accordance with the law, and impartial enforcement of laws. The laws to be mastered include the "Company Law", "Trademark Law", "Advertising Law", " "Consumer Rights Protection Law", "Anti-Unfair Competition Law"... You also need to have relevant legal knowledge such as "Evidence Law", "Commercial Law", etc. Moreover, this position requires you to constantly update your business knowledge in order to Better administration in accordance with the law. You can go here to read the answer supplement: fzb.gaoyou.gov/show.aspx?id=276amp;cid=15 The answer supplement is Chapter 1 General Provisions

Article 1 is to comprehensively standardize administrative law enforcement behaviors and improve work Efficiency, this system is formulated based on the State Council's "Implementation Outline for Comprehensively Promoting Administration according to Law" and the Jiangsu Provincial Administration for Industry and Commerce's "Assessment and Evaluation Plan for the Legal Administration Work of the Provincial Industrial and Commercial Administration System".

Article 2 This system applies to all positions within the scope of this bureau and all administrative law enforcement personnel working in the positions specified in this system.

Article 3 The positions established in this system are based on the "Regulations on Functional Configuration, Internal Organizations and Staffing of Yangzhou Gaoyou Industrial and Commercial Administration Bureau" by the Jiangsu Provincial Organization and Establishment Committee.

Chapter 2 Agency Position Responsibilities

Article 4 Office (including Financial) Responsibilities

1. Organize and coordinate the daily work of the Bureau;

2. Responsible for the bureau’s secretarial work, government information, suggestions and proposals, ***, confidentiality, news publicity, research, etc.;

3. Responsible for the management of system-wide equipment and fixed assets and infrastructure project accounting work;

4. Coordinate the system-wide residence informatization, file management and statistical work;

5. Responsible for the system-wide financial fund management and budget, accounting, Decision-making and charge management, bill management, internal audit supervision;

6. Guide the basic accounting work of affiliated institutions and the entire system.

Article 5 Responsibilities of the Personnel Education Section

1. Responsible for the assessment, appointment and removal, dismissal, resignation, and file management of cadres managed by the bureau; answer supplement 2. Responsible for the system-wide personnel plan , personnel deployment, professional title evaluation, wages, benefits and statistics;

3. Responsible for the system-wide organizational establishment management, infrastructure construction, spiritual civilization construction, selection and commendation, and education and training;

4. Responsible for the daily service, management, activity arrangements, etc. of veteran cadres.

Article 6 Responsibilities of the Legal Affairs Department

1. Responsible for the review and hearing of administrative penalty cases in the system, as well as administrative reconsideration and response to administrative litigation;

2. Organize the publicity, training and legal education of industrial and commercial administration laws, regulations and rules;

3. Organize the supervision of industrial and commercial administration law enforcement;

4. Organize the implementation of administrative law enforcement Responsibility system;

5. Guide the legal work of the entire system.

Article 7 Responsibilities of the Registration Section

1. Examine, approve and issue registration certificates for domestic-funded enterprises (including sole proprietorships and partnerships), individual industrial and commercial households and other businesses within the jurisdiction The unit's license;

2. Review and issue advertising registration certificates within the jurisdiction.

Article 8 Responsibilities of the Supervision and Management Section (including enterprise, trademark, advertising, individual and private management)

1. Responsible for the annual inspection of enterprises registered with this bureau and the supervision of enterprises within the jurisdiction Management work;

2. Organize the investigation and handling of cases that violate relevant registration management laws and regulations;

3. Responsible for the supervision and management of trademark use, trademark printing and trademark verification;

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4. Organize the investigation and prosecution of trademark infringement and other illegal cases in the use of trademarks; Supplementary answer 5. Organize and implement the approval of advertising business qualifications;

6. Organize the investigation and punishment of illegal advertising;

7. Guide the work of trademark associations, advertising review agencies and advertising associations;

8. Organize and guide the supervision and management of individual industrial and commercial households, individual partnerships and sole proprietorships;

9. Guide the development of the city's individual and private economy;

10. Guide the work of the individual and private economic associations.

Article 9 Responsibilities of the Foreign Investment Registration Management Section

1. In accordance with the relevant national foreign-related policies and regulations, under the leadership of the Yangzhou Industrial and Commercial Bureau, carry out foreign-invested enterprises in accordance with the law... gt; gt;

Question 9: Does the Industry and Commerce Bureau have the right to impose fines? The Industry and Commerce Bureau is a national law enforcement agency and part of the state machinery. It owns the Enterprise Law, the Anti-Unfair Competition Law, the Trademark Law Law and Contract Law, and of course the power to impose fines

Question 10: Does the Industrial and Commercial Bureau have the right to search? Well, you're right. For business premises, the Industry and Commerce Bureau has the power to search, and no approval is required. This is administrative law enforcement.

However, only public security officers and relevant personnel who are performing search operations and hold legal documents and search warrants can search residential houses.