Research On License Conditions In The Local Laws And Regulations

The administrative licensing system plays an important role in China’s socialmanagement.It assumes some control risk, resource allocation and awarded honoraryfunction of the qualification. Since July1,2004after the implementation ofAdministrative Licensing Law, the administrative licensing gradually into the orbit ofthe rule of law. The article selects the license conditions as the object of study.Because it plays an impotent role to the law. The paper is divided into three chapters,through the analysis of local laws and regulations, it obtained the characteristics ofit.Then it permit the two types of license condition,to analyze the legitimacy of itgetting the conclusion that criteria for judging the legitimacy of license conditions.The first chapter is about the basic concept of the license conditions and itsfeature.The license conditions consists of two parts:Formal requirements andSubstantial elements.Formal requirements means that Statutory authority sets thelicense conditions in the statutory form. Substantial elements refers to the principlesand considerations that statutory authority must take into account when they makelaws.The second chapter focuses on the current situation of the license conditions inlocal laws and regulations. Firstly, it summarize the legal norms of the local laws andregulations related to the license conditions characteristic. Second, it introduces thedefinition of the creation of license conditions. Though the analysis of the relevant provisions of local laws and regulations of Hunan Province, it comes to matters oflocal laws and regulations of Hunan Province in the creation of license conditionscorresponding to the scope of matters of local, and these characteristics in Hunanembodied in the provincial legislative practice. Finally, it introduces the executivelicense conditions. Legislative practice selected is still the province of Hunan, thencome to the analysis that how it makes provisions for the upper law licenseconditions.The third chapter is about the legitimacy analysis of the license conditions in thelocal laws and regulations. It mentions two types of the license conditions. They mustbe in accord with the standards of judgement, otherwise they will break the law.