Explore The Legitimacy Of The Administrative Licensing

Licensing is an important administrative system, which could invade national economy and social activities. Its generation and development is a necessary part of our society. The system of licensing in China is far away from perfect now, and this situation really leads to restraint of competition, corruption of administration and other negative effects. In this thesis, we start from the nature of licensing and re-define the conception of it. It is pointed out that the nature of licensing should be an action of investigation and validation. We also study the legitimacy of the limits of licensing and authority of licensing and it is indicated that who should have the right to set license and how big the ambit of licensing should be. Finally, we conclude from our research in this thesis: not only legislative procedure is important to stipulate the ruling of licensing in administration, but also changing the legitimacy of licensing, a theoretical question, to a operational, concrete and particular question about setting up of a process is a effective way of solve this problem, which will divorces the Licensing System from the conjuncture of losing legitimacy at last.Cai Pei (Administrative Law)Directed by Professor Yang Haikun, Associate Professor Wang Kewen...