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A Study On Legal System Of Relative Centralized Power Of Administrative License In China

Posted on:2011-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:J QinFull Text:PDF
GTID:2166330332982346Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The system of relative centralized power of administrative license was officially established with Article 25 in Administrative License Law for the first time. It is a reform measure following the relative contralized power of administrative penalty and the comprehensive administrative law enforecement. It is a legal system aiming at solving the drawbacks in the traditional administrative approval system. The establishment of this system plays a very important role in reforming the current administrative license system, establishing new operation mechanism and facilitating the reform of administrative law enforcement system. Since the reform of the administrative approval system promoted in Shenzhen in February,1998, it has been carried out successively in the whole country and some certain effects have been achieved. With the exploration and innovation in the reform of the adminstrative approval system across the country, a series of new operation mechanisms have been formed to implement the adminstrative license. A batch of service centers and one-floor (or one-stop) approval centers have been set up. An important part of the relative centralized power of administrative law enforcement, the relative centralized power of administrative license simplified processing procedures, shortened processing time, reduced social cost and to a certain degree, promoted the work manners and attitude among departments. However, the current situation shows that there are still some problems in the implementation of the relative contralized power of administrative license. The administrative license power is a special power with the features of strong specialty and high requirement, the function and content of which also differ from one another. As a result, it is hard to be implemented by one department. The administrative license power has close connection with the power of supervision on it, so to centralize the administrative license power may cause some difficulties to its supervision and management and weaken the efficiency of the administrative management. The relative centralized power of administrative license need to be approved by the State Council. The problem that the administrative license power in which fields, in which administrative departments and with what content can be centralized and the centralization degree can de dealt with according to actual situation in practice. Taking all this into consideration, Administrative License Law only sets principled stipulations to relative centralized power of administrative license. As a result, many problems may occur inevitably in actual implementation. As a new system, it is natural for the relative centralized power of administrative license to come with the above mentioned problem. The most important thing is that we should fact it boldly, take effective measures to improve it and gather more practical experience to promote it. "To explore actively the relative centralized power of administrative license" is explicitly stipulated with Article 19 in Outline for Promoting Law-based Administration in an All-round Way. Therefore, how to centralize the administrative license power need not only theoretical research, but also practical exploration. In accordance with such requirement, this paper proposed three constructive suggestions by summarizing the system of relative centralized power of administrative license and according to the actual situation of China. Firstly, the definition of relative centralized power of administrative license and its difference from other relevant systems were introduced so that the readers could know about the system of relative centralized power of administrative license further. Secondly, the paper introduced the establishment background of the system of relative centralized power of administrative license and its development history in China. Chapter 3 took America, German, Japan and Britain as examples to introduce overseas relevent stipulations about this system and its reference significance to China. In Chapter 4 and 5, the construction dilemma of the system of relative centralized power of administrative license and its feasibility and necessity were introduced, which led to Chapter 6, the key part of this paper, three suggestions were proposed to improve the system of relative centralized power of administrative license, i.e., to define and fulfill specific power and relevant system construction, to strengthen soft environment construction and to facilitate its legalization and institutionalization process. The establishment of the system of relative centralized power of administrative license should be taken as the new start of the reform of administrative system and the new beginning of the construction of socialist legal system so as to accomplish the historic mission of developing our country into a state with an adequate legal system.
Keywords/Search Tags:Relative centralized administrative license, administrative service center, legal system construction
PDF Full Text Request
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