A Research On Several Issues Concerning Administrative License Institution

Administrative License, an important institution in public administration, has been widely used in social life, bodies of economic activity. Many countries have legally qualified the administrative License institution while in our country it is not sell developed. The article ,with the style of comparison and contrast, together with adequate references, focuses on several issues such as the nature and settings of administrative license and the application of hearing procedure to administrative license in order to help improve the administrative license institution.On the Nature of Administrative License. In academic circles, there're various views such as Theory of Entitlement, Theory of Lifting a Ban, the combination of both theories and Theory of Franchise. This article prefers the Theory of Lifting a Ban ,holding that administrative license consists of license and no-license . Therefore it's better to take a look at both in order to approach the nature of Administrative License. License or no-license from administrative body is based on the unification of public interests and civil rights. The concrete duty of lawful condition and the rational distribution of resources are important condition under which administrative body would lift a ban .On the setting Principle of administrative license. At present, in our country there're such problems concerning the setting of Administrative License as separated organizations , lack of legal constraints , lack of unified standards and procedures , and uncontrolled license, etc. To solve the above problems, any setting should be in accordance with law .Thus, administrative license must be authorized by legislative bodies and superlative state administrative organization, which forbids any license set by formal documents within and below the regulation. But such documents could qualify the administrative license set by laws and regulations. Furthermore, no organization, without entitlement by laws and regulations, has the right to set administrative license. Meanwhile, its extent of competence should be clear, definite and unified. Hence, a series of criteria such as "Priority Policy ""Examination and Auction Licenses."should be set . Hearing Procedure, the core institution in modern administrative procedure, has been widely written into administrative license procedure throughout the world. In china, however, hearing procedure is not included in administrative license procedure since the latter hasn't been unified.(But in the process of suspending a license due to administrative penalty, hearing procedure is adopted). This article suggests it be added to administrative license procedure to show the position of modern administrative procedure institution in China's administrative license procedure. There is a basis of legal theory of setting up hearing procedure in administrative license procedure and the doctrine of publicity has been affirmed in the theory of administrative law. Therefore, it is necessary to establish hearing institution in China's administrative license procedure and set such principles as that of coordination of individual and public interests, of cost equal to or less than profit, of hearing procedure within administrative license in accordance with doctrine of fair-play. In addition, the determination of scope of application of hearing procedure within administrative license should have it as premise that the litigant's interest might be infringed. This way, both the public and the individual interest could be protected as much as possible.Administrative License Law must be made as soon as possible to solve above-mentioned problems in China's administrative license and to improve the administrative license institution.