Research On Administrative Permission Law

System of administrative permission is an important legal means by which the administrative entity manages social affaires, and it has become an indispensable measure in every country's taking charge of administrative affaires. However, there are many problems existing in our country's contemporary system of administrative permission. Contemporary system of administrative permission to some extent has become a hindrance in transforming the government functions, which affects a lot the development of socialism market economy, so it is necessary to regulate the setting and execution of contemporary system of administrative permission according to the law. The institution of administrative permission law justifies the setting and execution of administrative permission, and also meets the objective needs of furthering the transformation of system of administrative permission. A series of the administrative permission laws also manifests that it brings a lot of reformation and innovation to contemporary system of administrative permission. To regulate the setting and execution of administrative permission all-directionally is surely to be in favor of furthering the transformation of the system of administrative permission; to bring the system of administrative permission within the orbit of legal system is surely to transform the government functions. The enacting of administrative permission law is the requirement of our country's searching for a government with an adequate legal system. In this paper, there are all together four chapters. The author starts from administrative permission and principles of the basic administrative theory to analyze the contemporary situation of the system of administrative permission, and thus concludes that it is an inevitable trend. Then the author analyzes the implementation and application of the administrative permission law, and the author also analyzes the advantages and disadvantages of administrative permission law. In Chapter One, the author expounds the general knowledge of administrative permission. The author gets his conclusion through analyzing concepts of administrative permission, distinctions of the relative concepts, principles and types of administrative permission, and etc. Theoretically there are different point of views upon the definitions and nature of administrative permission. The author compares the power endowment, prohibition cancellation, comprehensive school, affirmative school, privilege school and etc, and the author gets his own conclusion about administrative permission, that is on the basis of comparatively the application of the person, the administrative entity censors and judges that whether he/she meets the need of legal requirements, and according to the above judgments the administrative entity makes the decision that whether the person could engage in the special administrative activity. To embody it more clearly, that is the administrative department and the authorized organization censor the content of the application of citizens, artificial persons and other organizations, to judge whether the content accords with the range of the administrative permission, whether the applicator is provided with the necessary qualifications, whether the applied affairs are under the qualification of legal regulations, and eventually make the decision of whether permitting the applicator to act out the application. The authormakes a comparison among the likely confused conceptions of administrative permission, administrative affirmence, administrative examination and approving and etc, and through the analysis of differences and affiliations of them to make the understanding about administrative permission become more clear. After understanding what administrative permission is, it is necessary to consider about establishing the principles of administrative permission. Legal principles are the basic gist of legislation and law executing, while administrative permission as a legal system must search for relative legal principles as its gist. The author divides the principles of administrative permission into six basic principles: legal-able principle, open-permission principle, permissive equity and justice principle, honest principle, permissive volunteer principle and efficiency and citizen favoring principle. And these principles serve as the basic functions in the setting and actuation of the administrative permission. In the author's point of view, as a basic principle of administrative permission, honest principle possesses the obvious principle of innovation. In Chapter Two, the author discusses the historical background and contemporary situation of our country's administrative permission and the inevitability of legislation. The author expounds the era environment of our country's progressing the legislation of administrative permission by analyzing the historical background of constituting administrative permission law, the legislative intent of administrative permission law and the era background of China's entering WTO. After analyzing the contemporary problems existing in ourcountry's system of administrative permission, the author concludes that it is necessary to reform our country's active system of administrative permission, and in the author's point of view, the way in which to carry out the reformation should be like this: to constitute a uniform administrative permission law as quickly as possible;to make a specification on activity of administrative permission; to specify the acting departments , the procedure of administrative permission, the charge of administrative permission, the supervising and the legal duty of administrative permission; and try to specify all the sections of administrative permission, and by which to provide direct legal gist for regulating the setting and actualization of administrative permission. Besides, there should also be separate laws, codes and regulations to specify that. The legislation of administrative permission law is also the inevitable trend of history. The author discusses the issues of legal application in Chapter Three. To start from analyzing the situations of legal application after the carrying out of administrative permission law, the author discusses the issues of the applicable principles of the old and the new laws, the issues of ensuring the consolidated execution of administrative permission, and also probes the concrete application of administrative permission law in its actual practice. Chapter Four is the major part of this paper, and in this chapter the author analyzes the advantages and the disadvantages of active administrative permission law. Besides, the author puts more emphasis on discussing the innovative aspects of administrative permission law. Firstly the author expounds his own point of view on the innovation and progress of administrative permission law. Through the analysis on...