Research On Standards For Establishment Of Administrative Licensing

The establishment of licensing just refers to that the laws and regulations directly grant a particular organization the power of licensing within a certain scope which is a kind of legislative action and part of legislative power; while the power of specifying, as part of executive power, is aimed to specify the administrative licensing already stipulated in the laws and does not directly create or limit the present rights and obligations of citizens, legal persons and other organizations.The administrative licensing nowadays has an excessive number of subjects, a range too wide and so many items for licensing. These problems are the result of many factors, historical or realistic, institutional or technical, and so on. But the standard for licensing is short of maneuverability and proper limitation on"power", which is an aspect no one can neglect.The standard for establishing an administrative licensing can be classified into two kinds: the general standard and the special one, of which the general standard contains legitimacy, public interest and mean; of which the special standard merely refers to"as much market as possible, government only in need". Only with these two standards in combination can the standard for establishing an administrative licensing function well and limit the executive power.Among the specific standards, the most important one is the public interest, which is fundamental standard applied to the establishment or elimination of any administrative licensing. Nevertheless, it is also a concept you can intepret at your decision due to its too much elasticity enabling the government organs concerned to interpret at their discretion the public interest in their own interest.This essay attempts to assess the public interest in a new way, providing a more maneuverable standard for public interest. Through the mathematics equation Up(L)=MAX[u(iL)],the author plans to express a plain idea that the establishment of an administrative licensing can be legitimate, when the public interest, increased as a result of the administrative licensing, weighs over the private interest accordingly.