The Legal Protection Of The Third Party Of The Administrative License

The administrative license is a very important pre-event control method for the administrative organs to manage the society. It may not only affect the interests of the licensee, but also possibly affects the interests of the third party indirectly. In order to protect the lawful rights and interests of the citizen, the legal person and other organizations, the" PRC Administrative Licensing Law " entrusted the third party of the administrative license with certain rights, and also provided the corresponding relief measures. However, compared with the relative person of the administration license, our current legal protection to the third party of the administrative license is relatively weak. No integrated legal system has been established yet. Even the concrete system itself has many defects. This paper made some analysis and discussions based on the present situation and the related theories of the administrative laws. I would be very glad if this paper can make some contribution to make the administrative organs more responsible and be helpful for the practical protection of the interests of the third party of the administrative license and speed up the process of democracy, the human rights and rule of law. This paper conducted the research on the legal protection of the third party of the administrative license from following five aspects:The first part firstly made a definition of the third party of the administrative license. The third party of the administrative license are the citizen, the legal person and other organizations who, in the legal relation of administrative license, affected indirectly by the behavior of administrative license, and beyond the direct objects of the behavior of administrative license, have interests with the behavior of administrative license, and whose rights are violated by the already issued administrative licenses. At the same time, the reason of this definition is explained, because there is still no clear definition of the citizen, the legal person and other organizations who only have indirect interests with the behavior of administrative license. Secondly, this paper illustrates the legal features of the third party of administrative license from different angles: the legal relationship of the indirect participation in administration, subordinating to the legal relationship between the administrative body and the administrative object. The main status of one side is acquired in the administrative legal relationship, on the premise of the administrative object being a main part of one side of the legal relationship, and the relationship between the main party and the administrative object is civil legal relationship. It is not a necessary part of administrative legal relationship. The meaning of the third party of administrative license is defined on a deeper level. At last, according to judicial practice, this part listed the common types of the third party of administrative license: the person who has the adjacent right, the person who has the competitive right, the person who has civil legal relationships with the licensees, and the person whose rights are violated because the administration organs fail to supervise the licensees.The second part discussed the necessity of the protection of the rights and interests of the third party. It is the common demand of the modern administrative rule of law, the maintenance of public welfare, the accurate position of authority and rights relations, the full display of the function of the right mechanism, to reduce power conflict as well as to improve the theory of legal relationship of the administrative license.The third part studied the forms in which the administrative license behavior violates the third party's rights and interests. To protect the legal rights and interests of the third party, we must be clear about in what forms these rights and interests are violated. At present, these violations are of various forms in the whole administrative license operation process, from the setting to the implementation to the surveillance and inspection of the administrative license. The third party's legal rights and interests can be violated because of the illegal setting of administration license, the illegal implementation of the administration license by the administrative organs, the failure of supervising and inspecting by the administrative organs, the withdraw of the administrative license by the administrative organs, the cancel of the administrative license by the administrative organs, even the legitimate administration license can encroach to the third party's legitimate rights and interests.The fourth part studies the status in quo of the protection of the third party's rights and interests by our current law. First, regardless of the administrative procedure, or the legal relief, the third person of the administration license enjoys some legal rights: the right of learning the truth, the right of statement, the right of defending himself, the right of reporting the offenses to the authorities, the right of requesting the cancellation of administration license, and the right of requesting administration reconsideration, the right of the administrative litigation, and the right to get the administrative compensation and so on. Secondly, the administrative surveillance and inspection on the licensee protected the third person's legitimate rights and interests in a certain degree. The surveillance and inspection on the administration license departments also protected the third person's legitimate rights and interests in a certain degree. While we talk about the protection of the third person's legitimate rights and interests by various laws and systems, this part also pointed out the deficiency: the insufficient participation of the third party in the administrative procedure, the lack of categories, the incomplete administrative protection system; the unsound supervising and managing mechanism; and the administrative organs'failure of surveillance and inspection and so on.The fifth part discussed the integrity of the legal protection on the third person. First, we must establish an integrated administrative protection system. The consummation of related legal documents, enrichment of contents of the legal rights of the third party, to increase right types, guarantee the third party's right of full and true participation in the administrative procedure. Second, the perfect administration reconsideration, the administrative compensation and the administration compensate system can give the third party effective relief. Third, the perfect administrative organ's surveillance and inspection mechanism on the licensee, will urge to fulfill its responsibilities correctly, positively, and effectively to protect the third person's legitimate rights and interests. Finally, we should strengthen our surveillance on the administrative organs. Pay great attention to different function of various supervisions and establish an integrated surveillance system including the legislation surveillance, organ of power's surveillance, the administrative oversight, the judicial surveillance, the populace surveillance as well as the supervision of public opinion. We should make the different surveillances cooperate and integrate and play the supervision role together.