On The Reforms Of Chinese Administrative License After China Joined WTO

In Dec. 2001, China joined WTO, Chinese government, in order to resume its membership of WTO, did lots of preparation work including the construction of legal system and legal reforms. However, what should be noticed is that the focus of Chinese legal reforms lies in such areas as economy, trade, investment and other economy-based activities, but the attention given to the reforms of administrative law system is far from enough, which is closely linked to WTO principles. Administrative license system is a basic administrative law system. It involves WTO principles in many aspects, but administrative license system, in a lot of ways, is out of accord with WTO principles. Therefore, reform is badly needed.The significances of this article in theory and practice lie in: merging our administrative license system into WTO's mechanism and prompting our Administrative License lam that adapting to WTO rules to be enacted; Building a open trans parent integraK fain reasonable administrative license procedure system and our integral administrative license procedure law to accelerating be fumucated ;Furthering our administrative certification system reform and applying the research result of administrative license system reform to practice; Changing the phenomenon of corrupy and low-efficiency arisen from power misuse in administrative license and building a honest and high-efficiency license system.This dissertation consists of three parts. Part One expounds some of the theories of administrative license including its concept, features, principles, functions as well as procedures. Part Two analyses the major problems that the administrative license may face with after China joined WTO. The problems are: the power direction that the administrative license follows; ways of executing order-basedpower; openness and transparency that administrative license system lacks; too wide scope of administrative license; administrative license's violation of the principles of openness and fairness. Part Three, based on WTO's principles of transparency, non-discrimination, admittance of entering market, and judicial discussion, puts forward some thoughts and ideas about the reforms of Chinese administrative license system after China joined WTO, including setup of law and service consciousness; realizing the transfer of administrative license power style from power-oriented to rule-oriented; the transfer from man-controlled to law-controlled administrative license; quick set-up of a system to make administrative license open so as to be in the agreement with WTO's transparency principle; minimizing scope of administrative license so as to accord with WTO's principle of admittance of entering market; set-up and improvement of legal supervision system so as to be adapted to WTO's principle of judicial examination and approval.The innovation of this article are of follows .First, bus new on topic -selection and view-foruarding. The author focuses on influences of WTO rules on our administrative license system instead of WTO rules itself in discussing the new fiecd of administrative license system on the background of WTO. Second, It is new on research way and opinion the author makes research by mean of problem exsiting -problem solution and emprical aniayse and pose opinions that administrative license should alter from power guiding to rule guiding and alter from command way to service way in power effect aspect.