On Administrative Permission System Of China

Administrative permission is an important administrative conduct. It is a means of management with state power interfering with civil rights, involving the boundary as well as the functioning of the executive power. Administrative permission system, as a legal system, its value lies in that it clearly defines the scope of administrative power and civil right and protects civil right while defend public interest and restrain the unjustified expansion of state power."Administrative licensing Act of PRC" is the prelude of a modern administrative permission system under the rule of law. Any legal system has its imperfections. The shortcomings of the existing administrative permission system lie in the following four aspects: obscure range of administrative permission setting power, loopholes of the provisions on the implementation procedures of administrative permission, the lack of regulation of obligations of the administrative permission agency and the lack of administrative permission remedy.There are three possible explanations for its imperfections: the limited function of legislature, the resistance from the group with vested interests, as well as the lack or deficiencies of relevant laws.Possibly practical measures to solve these problems are put forward in this thesis from four aspects of the administrative permission system: clearly defining the scope of setting, improving execution procedure, strengthening supervision and expanding remedy channels.Starting with the theoretical analysis of the foundation of this legal system, this thesis states clearly the origin, the development, the evolution and the loopholes of the system in the second part and concludes with corresponding measures to improve the system. It is of great significance to study administrative permission system. It provides theoretical guidance to the reform of administrative system and the construction of legal systems. On the other hand, it helps to improve the administrative permission system, prompt the government to change its functions, restrict administrative power and protect civil rights, and consequently speed up the pace of the construction of administrative legal system.