A Study Of Relatively Centralized Administrative Licensing Power System

Based on the principles of simplification,unification and efficiency in implementing administrative licensing,Administrative Licensing Law Article 25 is an article of relatively centralized administrative licensing power,which provides an interface for exploring the reform of the administrative licensing as well as the administrative management system.In recent years,many local governments have been carrying out the construction of relatively centralized administrative licensing system,which helps to accumulate practical experience.In the context of deepening administrative reform,in 2015,the CPC Central Committee,the State Council issued the "Construction Program for Government by Law(2015-2020)".It proposed "the acceleration of promoting relatively centralized administrative licensing power,as well as the support of local reform." To ensure the legal basis of relatively centralized administrative licensing power,it is necessary to summarize the experience of relative reforms in various provinces and discuss the legal problems during the construction of the system.The relatively centralized administrative licensing power specified in Article 25 of Administrative Licensing Law,is neither exactly the same as Article 26 of "unified,collective and centralized processing" mode-Administrative Service Center model,nor equivalent to merging government sectors – super ministry model.The nature of relatively centralized administrative licensing power is the centralization of power from several government sectors or internal departments to a certain sector or internal department.The pilot programs of relatively centralized administrative licensing power in Wuhou District of Chengdu,Shanghai Free Trade Zone and Tianjin Binhai New Area are three typical examples.However,these pilot modes caused a lot of controversy in practice,especially in the legal basis and the selection of power for centralization.As an authorization term of reform,Administrative Licensing Law Article 25 does not negate the reforms of relatively centralized administrative licensing power based on Organizational Law in the practices of different provinces.However,in order to reduce the external questions towards legal basis of relatively centralized administrative licensing power,and promote the reform all over the country in a organized way,we believe that it is necessary for the State Council to implement a unified authorization in exercising relatively centralized administrative licensing power.During the process in implementing the reform of relatively centralized administrative licensing power,the determination of specific powers needs the consideration of the structure,review mechanism and intensity,judicial judgment focus of different licensing powers,and the abilities of the government sector to implement it.To be more specific,the abilities include reviewing,supervision and inspection capabilities.In order to solve the problem of focusing on licensing,while letting loose supervision,the construction of relatively centralized administrative licensing power should strengthen the obligation of supervision and inspection.The government sector to undertake the licensing powers should shoulder the corresponding responsibility while obtaining certain powers,based on the principles of relevant responsibility for relevant power.Thus,while designing the mechanism for relatively centralized administrative licensing power,steps should be taken to ensure that the inspection powers be centralized together with the licensing power.At the same time,the boundaries between the authorities for relatively centralized administrative licensing power and the original authorities should be clarified.