No matter whether you do business or not, there are actually facades and advertisements, which can be understood as that you are in business.
According to the procedure, you have to apply for an industrial and commercial license first, and then do other work.
I suggest you do something. Give some money to eat and see if you can put it down.
Question 2: What rights does the AIC have and what is the basis of the fine? Didn't tell you? If you don't pay this money, you won't pay the fine in advance.
They really want to be punished. You ask them to issue a decision on administrative punishment, secretly record every contact with them, and then go to the local * * * to complain. This is not arbitrary charges, this is extortion!
But then again, is the general agent you wrote true? Are you really the general agent?
Question 3: Power of the Market Supervision Administration and the Industrial and Commercial Bureau At present, only Shenzhen and Shanghai have "Market Supervision Administration" in China.
According to the idea of the reform of the Ministry system, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the State Food and Drug Administration, the the State Council Food Safety Office, the market order management of the Ministry of Commerce and the anti-monopoly functions of the National Development and Reform Commission were merged to form the State Administration of Market Supervision. The departments that will no longer be retained are: State Administration for Industry and Commerce, State Administration of Quality Supervision, Inspection and Quarantine, General Administration of Food and Drug Administration of the United States, and the State Council Food Safety Office.
Therefore, the power of the market supervision administration is much greater than that of the industrial and commercial bureau.
Question 4: Does the Trade and Industry Bureau have the power to enforce the law? Your case is a civil dispute, which is not under the control of industry and commerce. Unless you buy fake and shoddy furniture, the industrial and commercial department can punish and order compensation. In your case, going 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 job research?
(seventh issue)
Organized by Miyun Branch of Beijing Administration for Industry and Commerce on June 2004 14
Handling cases after inspection is a highly professional job. How to handle a case according to law? How to solve various problems in handling cases? It is an urgent task for our grassroots case handlers to solve. Yi Cao, the chief of the economic inspection department of the branch, and Wang Chunhua, the clerk, combined with the actual situation of the economic inspection work of the branch, wrote the research materials of "Eight Common Problems in Handling Cases after Inspection", which were adopted by the research results of the Municipal Bureau and are hereby forwarded to you for comrades to learn and communicate.
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Talking about Eight Common Problems in Checking and Handling Cases
Miyun Branch: Yicao Wang Chunhua
Fair trade law enforcement in economic inspection is an important guarantee of social market economic system. Without the protection of fair trade law enforcement, there will be no healthy development of market economy. Therefore, creating a fair and competitive market environment is an important historical mission entrusted by our party and state to the administrative department for industry and commerce. With the gradual establishment and improvement of China's market economic system, especially the accession to the World Trade Organization and the implementation of the strategy of developing the western region, market subjects are more diverse, market behavior is more complicated, and economic inspection is facing severe challenges.
With the implementation of "Administrative Punishment Law" and "Interim Provisions on Administrative Punishment Procedure of Industrial and Commercial Administration", the investigation of cases in economic inspection is more rigorous and the procedures are more standardized, but there are still some problems in handling cases. Mainly as follows:
First, investigate the case first, and then file a case. According to the provisions of Article 13 of the Interim Provisions on Administrative Punishment Procedures for Industry and Commerce, the administrative department for industry and commerce should file a case when investigating illegal acts, which is the link for the administrative organ to start the administrative punishment procedure and the premise for in-depth investigation and evidence collection. Filing a case must fill in the filing approval form and attach relevant materials (report materials, materials assigned by superiors or handed over by relevant departments, etc.). ), approved by the director of the administration for industry and commerce at or above the county level, and designated two or more investigators to be responsible for the investigation and handling. However, in practice, law enforcement officers often investigate and collect evidence after the case is discovered, and fill in the approval form for filing a case after the facts of the case are clear and the evidence is collected, which leads to the case being filed after the case is investigated and collected, which violates the original intention of the law to set up the "filing" procedure and makes the "filing" lose its legal significance and does not meet the requirements of legal procedures.
Second, the inquiry record is unclear. The record of inquiry refers to the written record of investigation and inquiry. The quality of interrogation record is directly related to the investigation of cases and plays an important role in the investigation of cases. However, there are the following problems in making the record of inquiry: (1) The preparation before the case is not sufficient, and the outline of inquiry and investigation has not been drawn up. Some law enforcement officers believe that it is very troublesome to make an investigation outline and cross the river by feeling the stones. They don't know what to ask first, then what to ask, what not to ask, what to remember and what not to remember. Sometimes it is a very simple illegal fact, and the preface of the inquiry does not match the latter. Even a small matter, we asked the parties many times is not clear. There is no purpose, and we don't know. The economic violators we face are very complicated. The record of asking once is not clear. Let's ask again. Therefore, a good investigation outline can make law enforcement personnel clear about the investigation of the whole case. The investigation outline was drafted by two law enforcement officers, which enabled them to communicate with each other during the investigation of the case. When you ask, no matter who asks and records, you can ask and record in the same way. (2) Don't identify yourself when asking the parties. Article 16 of the Interim Provisions on Administrative Punishment Procedures of the Administration for Industry and Commerce clearly stipulates that when investigating and collecting evidence, the case-handling personnel shall produce the law enforcement identity documents and the certification documents of the Administration for Industry and Commerce at or above the county level. Specifically, in the process of law enforcement, it is mainly that law enforcement officers must show their identity to the relative person before checking the relevant places, asking the parties and asking the witnesses. However, in practice, law enforcement officers often ignore this procedural requirement and directly conduct on-site inspection or ask the parties and witnesses, thus affecting the proof ability of on-site inspection transcripts and inquiry transcripts and the seriousness of law enforcement. (3) The name of the violator is unclear. For example, the prefix of the query record is "Wang Jianqing", but the query process is "Wang Jianqing". I think we should use ................................................................................................................................................................. & gt when asking the name of the client.
Question 6: Does the AIC have the right to issue money? The industrial and commercial bureau is the law enforcement organ of industrial and commercial administration. If industrial and commercial enterprises and individual industrial and commercial households violate laws and regulations on industrial and commercial administration, the industrial and commercial bureau has the right to impose administrative penalties on the actors or units according to law.
Question 7: What is the role or right of the Administration for Industry and Commerce? 1. To study and formulate the guidelines and policies for industrial and commercial administration, organize the drafting of relevant laws and regulations, and formulate and issue industrial and commercial administration regulations. 2. Organize and manage the registration of all kinds of enterprises (including foreign-invested enterprises), units and individuals engaged in business activities and resident representative offices of foreign (regional) enterprises according to law, verify the name of registered units, examine and approve, issue relevant licenses, and implement supervision and management. 3. Organize and supervise market competition according to law, and investigate and deal with economic violations such as monopoly, unfair competition, smuggling, pyramid selling and disguised pyramid selling. 4. Organize and supervise market transactions according to law, organize and supervise the quality of commodities in the circulation field, investigate and deal with illegal acts such as counterfeiting, and protect the legitimate rights and interests of operators and consumers. 5. Standardize the management and supervision of all kinds of market operation order according to law. 6. Organize the supervision of brokers and brokerage institutions according to law. 7. Organize and implement contract administrative supervision according to law, organize and manage the registration of chattel collateral, organize and supervise auction behavior, and investigate and deal with contract fraud and other illegal acts. 8. Supervise and manage advertisements according to law, and investigate and deal with illegal acts. 9. Be responsible for trademark registration and trademark management, protect the exclusive right to use trademarks, organize the investigation and punishment of trademark infringement, and strengthen the identification and protection of well-known trademarks. 10. Organize and supervise the business activities of individual industrial and commercial households, individual partnerships and private enterprises according to law.
Question 8: What is the scope of the enforcement power of the Trade and Industry Bureau? The administrative law enforcement post of the Industrial and Commercial Bureau is to exercise administrative law enforcement duties on behalf of the state, such as market (broad sense) supervision, investigation and handling of economic cases, special inspections, etc. Is a national civil servant. This position requires skilled and accurate application of work-related laws, regulations and related policies, handling affairs according to law and enforcing the law fairly. The laws to be mastered include company law, trademark law, advertising law, consumer protection law, Anti-unfair Competition Law .............................................................................................................................................. You can visit fzb.gaoyou.gov/show.aspx? here. .。 Cid= 15 answer supplement chapter I general rules
Article 1 In order to comprehensively standardize administrative law enforcement and improve work efficiency, this system is formulated according to the State Council's Outline for Comprehensively Promoting Administration by Law and Jiangsu Provincial Administration for Industry and Commerce's Evaluation Scheme for Administration by Law.
Article 2 This system is applicable to all posts within the scope of this bureau and all administrative law enforcement personnel working in posts specified in this system.
Article 3 The post setting of this system is based on the regulations of Jiangsu Provincial Organization Establishment Committee on the functional allocation, internal structure and staffing of Yangzhou Gaoyou Administration for Industry and Commerce.
Chapter II Institutional Responsibilities
Article 4 Office (including financial) responsibilities
First, organize and coordinate the daily work of the organs of this bureau;
Two, responsible for secretarial, government information, suggestions and proposals, * *, confidential, news propaganda, research and other work;
Three, responsible for the management and accounting of equipment and fixed assets of the whole system infrastructure projects;
Four, coordinate the whole system of housing informatization, file management and statistics;
Five, responsible for the system-wide financial fund management and budget, accounting, decision-making and fee management, bill management, internal audit supervision;
Six, to guide the basic accounting work of subordinate institutions and the whole system.
Article 5 Responsibilities of Personnel Education Class
First, responsible for the assessment, appointment, dismissal, resignation and file management of the management cadres of this bureau; Two, responsible for the whole system of personnel planning, personnel deployment, job title evaluation, wages and benefits, statistics;
Three, responsible for the organization and management of the whole system, infrastructure construction, spiritual civilization construction, selection and recognition, education and training;
Four, responsible for the daily service, management and activities of veteran cadres.
Article 6 Responsibilities of the Legal Affairs Department
One is to undertake the review and trial of administrative punishment cases in this system, as well as administrative reconsideration and administrative litigation;
Two, the organization of industrial and commercial administration laws, regulations and rules of publicity, training and legal education;
Three, the organization of industrial and commercial administration law enforcement supervision;
Four, organize the implementation of administrative law enforcement responsibility system;
Five, to guide the legal work of the whole system.
Article 7 Responsibilities of the Registry
1. Approve and issue the licenses of domestic-funded enterprises (including sole proprietorships and partnerships), individual industrial and commercial households and other business units within the jurisdiction;
Two, review and issue the advertising registration certificate within the jurisdiction.
Eighth supervision and management departments (including enterprises, trademarks, advertising, individual and private management departments) responsibilities.
1. Responsible for the annual inspection of enterprises registered in our bureau and the supervision and management of enterprises within its jurisdiction;
Two, the organization to investigate and deal with cases in violation of relevant laws and regulations on registration management;
Three, responsible for the supervision and management of trademark use, trademark printing and trademark verification;
Four, organize the investigation of trademark infringement and other illegal cases in the use of trademarks; Fifth, organize the implementation of advertising business qualification examination and approval;
6. Organize to investigate and deal with illegal advertisements;
Seven, to guide the work of trademark associations, advertising review agencies and advertising associations;
Eight, organize and guide the supervision and management of individual industrial and commercial households, individual partnerships and sole proprietorship enterprises;
Nine, guide the development of the city's individual and private economy;
Ten, to guide the work of individual and private economic associations.
Article 9 Responsibilities of the foreign investment registration administration department
1. According to the relevant foreign-related policies and regulations of the state and under the leadership of Yangzhou Administration for Industry and Commerce, a foreign-invested enterprise shall be established according to law ..... >; & gt
Question 9: Does the AIC have the right to impose a fine? The industrial and commercial bureau is a national law enforcement organ and a part of the state machine. It has the enforcement power of enterprise law, anti-unfair competition law, trademark law, contract law and, of course, fine power.
Question 10: does the industrial and commercial bureau have the right to search? You're right. For the business premises, the industrial and commercial bureau has the right to search and does not need approval. This is administrative law enforcement.
However, only public security personnel and related personnel who are carrying out searches and crackdowns and hold legal certificates and search warrants can search houses.