The Obstructions And Countermeasures In Implementation Of Administrative Licensing Law

The enactment of the Administrative Licensing Law (ALL) is of much significance to the construction of administrative law in China. Meanwhile, the implementation of ALL goes with the new obstruction and problems from both legal and administrative sides. The thesis focuses on the study of the obstructions and countermeasures in the ALL implementation.First, the thesis analyzes the legal obstructions, which are the limitation of legal function, the soft thinking in legislation, the unresolved cases in the administrative licensing rectification, ALL limitation and deficiency and the conflicts between ALL and other laws and regulations.Secondly, the thesis gives the analysis of the administrative obstructions in ALL implementation. The biggest barrier to implement the ALL is the conflict of interest, which makes the administrative departments unwillingly abandon their authorities of administrative examination and approval (AEA). The tension of legal restriction and administrative discretion brings much obstruction as well as the stereotyped bureaucratic ideas behind social development.Finally, the author points out that ALL implementation touches the balance and redistribution of vested interest, and it challenges the antiquated AEA system which shows preference for power but responsibility. To guarantee the effective implementation of ALL, some countermeasures should be adopted in legal and administrative aspects, respectively.Legally, it is necessary to establish a related regulation system to make concretized and detailed the abstract legislation principle of ALL. Firstly, ALL should be amended with the implementation of the detailed and concrete regulations in the following aspects: the legal concepts, the principle of trust and protection, the establish right and the legal implementation, procedure, supervision and responsibility, etc.. Then, it is essential to perfect of State Compensation Law and to strengthen the legislation of E-government. Last, to regulate the industry associations and the intermediary organizations by law is as important as to enact the Information Opening Law.Administratively, the most important is to update the ideas, to transfer the way of management to that of service by human-oriented principle. Moreover, the future work in the administrative licensing rectification should be to well done. Last but concretely, the package rules should be built and perfected to implement ALL. The package includes the systems of the administrative acceptance, notice, public announcement, examination and approval, supervision and as well as ask responsibility system.