河源市质量技术监督部门行政执法难问题研究

发布时间：2018-03-08 04:29

本文选题：河源地区　切入点：质量技术监督部门　出处：《华南理工大学》2014年硕士论文　论文类型：学位论文

【摘要】：质量，关系着百姓生活的衣食住行、关系着每个企业的生存和发展、关系着社会稳定和国家形象。质监部门的行政执法作为保障质量安全的重要手段，近些年虽然取得了很大的成绩，但是还存在着诸多问题，重大的质量安全事故时有发生，导致质监的公信力在一定程度上受到公众质疑。特别是在欠发达地区质监部门具体执法实践中，行政执法活动常常会遇到一些困惑,以至于出现阻碍、限制、分割执法权的现象，导致监管部门无法进行正常监管行使正当权力。本文试图从质监行政执法的检查权、处罚权等问题入手,结合笔者多年的执法经验,对河源市质监部门行政执法人员进行问卷调查，调查出河源市质监部门在执法实践中出现的突出问题和困难,分析出现这些问题的原因，并通过与珠三角发达地区、外国等地区的质量监管行政执法部门比较分析，探索出解决和改善河源市质量技术监督部门行政执法难问题的对策和建议，从而为我国欠发达地区质监部门的行政执法工作方面提供一些借鉴。本文以河源市质监系统为例，兼与珠三角发达地区、外国等地区的行政执法比较，然后从公共管理的角度对河源市质监部门行政执法难的问题进行全面透析，并据此提出如何解决河源市质量技术监督部门行政执法难的对策。论文由五章构成：第一章是绪论，主要介绍研究背景、国内外研究现状、研究意义和研究方法等。第二章是河源市质监部门的行政执法现状和环境分析，，并用调查数据进行分析评述。第三章是河源市质监部门的行政执法难的表现和原因分析，从内外两个方面因素多方面进行论述。第四章是国内外发达地区提高行政执法水平的经验借鉴，特别是通过运动式执法-2012年广东的“三打两建”工作为主要启发点，从而对河源市质监部门的行政执法带来启示。第五章是提出畅通河源市质监部门行政执法的对策建议，认为改善河源质监部门行政执法难的问题应从内外两个方面着手，外部主要是加强质监部门与上级部门的沟通加强质监部门与当地司法部门的衔接力度，加大向企业相对人宣传质监法律法规力度，加大对企业服务力度和保护企业合法权益；内部主要是从理顺质监部门的行政执法工作体制、提高人员素质、加强执法力量、完善执法装备、加大经费投入等方面进行改善。最后概括和提炼本文的研究结论，主要包括研究得出的主要结论及研究的不足。
[Abstract]:The quality is related to the people's daily life, the survival and development of every enterprise, the social stability and the national image. The administrative law enforcement of the quality supervision department is an important means to guarantee the quality and safety. Although great achievements have been made in recent years, there are still many problems. Major quality and safety accidents occur from time to time. The credibility of quality supervision has to a certain extent been questioned by the public. Especially in the practice of specific law enforcement by quality supervision departments in less developed areas, administrative law enforcement activities often encounter some confusion, which leads to obstacles and restrictions. The phenomenon of dividing the enforcement power leads to the failure of the supervision department to carry out normal supervision and exercise of the legitimate power. This paper attempts to start with the inspection power and punishment power of the quality supervision administrative law enforcement, and combines the author's many years of law enforcement experience. A questionnaire survey was conducted on the administrative law enforcement personnel of the quality supervision department of Heyuan City, and the outstanding problems and difficulties of the quality supervision department of Heyuan City in the practice of enforcing the law were investigated, and the causes of these problems were analyzed, and the problems were analyzed through the cooperation with the developed areas of the Pearl River Delta. Through comparative analysis of quality supervision and administrative law enforcement departments in foreign countries and other regions, the countermeasures and suggestions for solving and improving the difficult problems of administrative law enforcement by quality and technical supervision departments in Heyuan City are explored. So as to provide some reference for the administrative law enforcement work of the quality supervision department in the underdeveloped area of our country. This paper takes the quality supervision system of Heyuan City as an example, and compares with the administrative law enforcement in developed areas of the Pearl River Delta and foreign countries. Then, from the perspective of public management, the paper makes a comprehensive analysis of the difficulty of administrative law enforcement in the quality supervision department of Heyuan City. Based on this, the paper puts forward the countermeasures of how to solve the difficulty of administrative law enforcement in the quality and technical supervision department of Heyuan City. The paper is composed of five chapters:. The first chapter is the introduction, mainly introduces the research background, the domestic and foreign research present situation, the research significance and the research method and so on. The second chapter is the current situation of administrative law enforcement and environmental analysis of quality supervision department in Heyuan city. The third chapter is the performance and reason analysis of administrative law enforcement difficulty in Heyuan quality Supervision Department, which is discussed from both internal and external factors. Chapter 4th is the experience of improving the level of administrative law enforcement in developed areas at home and abroad, especially through the work of "three dozen and two Construction" in Guangdong in 2012, which brings enlightenment to the administrative law enforcement of quality supervision department of Heyuan City. Chapter 5th is to put forward the countermeasures and suggestions for the administrative law enforcement of the quality supervision department in Heyuan City. It is believed that the problems of improving the administrative law enforcement of Heyuan quality Supervision Department should be started from the internal and external aspects. The exterior is mainly to strengthen the communication between the quality supervision department and the superior department, to strengthen the connection between the quality supervision department and the local judicial department, to increase the publicity of the quality supervision laws and regulations to the relative party of the enterprise, to strengthen the service to the enterprise and to protect the legitimate rights and interests of the enterprise; Internal is mainly from straightening out the administrative law enforcement work system of the quality supervision department, improving the quality of the personnel, strengthening the law enforcement force, perfecting the law enforcement equipment, increasing the investment of funds and so on. Finally, the conclusion of this paper is summarized and refined, including the main conclusions and deficiencies.
【学位授予单位】：华南理工大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;F203

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