市场监管综合行政执法改革中的权限配置

The Power Allocation in the Comprehensive Administrative Law Enforcement Reform of Market Supervision

我国市场监管综合行政执法改革现阶段已进入优化体制机制运行、推进执法权重心下沉的新阶段。就权限配置而言,横向上,单一机构体系虽实现了从分散设置到整体性治理的跃升,但内部运行仍存在碎片化问题,需要理顺内部协同机制以充分发挥其优势。同时,探索综合执法部门与行业监管部门的协作机制也是其核心内容之一,其中平行部门之间的信息共享与“监管-处罚权责清单”具有基础性地位。纵向上,基于市场监管的专业性和特殊性,属地管理原则不应被绝对化,市场监管综合行政执法改革在条块关系上应当寻找合理的平衡点。同时,还应处理好综合执法与专业执法的关系,防范综合执法稀释专业执法的风险。

At present,the comprehensive administrative law enforcement of market supervision in China has entered a new stage of optimizing the operation of institutional mechanisms and promoting the decentralization of administrative law enforcement.In terms of power allocation:horizontally,although the single institution system has achieved a leap from decentralized setting to overall governance,there is still a problem of fragmentation in its internal operation,requiring rationalization of internal coordination mechanism to give full play to its advantages.At the same time,exploring the cooperation mechanism between comprehensive law enforcement departments and competent industrial administrations is also one of its core contents,in which the information sharing between parallel departments and the“supervision-punishment of rights and responsibilities list”have a fundamental position;vertically,based on the professionalism and particularity of market supervision,the principle of territorial management should not be absolute.The comprehensive administrative law enforcement reform of market supervision should find a reasonable balance in the relationship between departments and regions.Meanwhile,we should also deal with the relationship between comprehensive law enforcement and professional law enforcement,and prevent the risk of dilution of professional law enforcement by comprehensive law enforcement.