Research On Administrative Licensing Law And Chinese Governmental Honesty Constructing

Ancients said:″It won't work if there is no honesty in a man, a career or a government. The history of ethics on human behavior demonstrates that honesty should be a basic obligation and based rule of other ethic norms. Similarly, honesty plays a basic role in governmental system of morality. It influences and even determines the realization of other ethic rules and the nature of entire ethic system of government. As the economic globalization and political polarization is developing, especially the deepening of reform on Chinese market economical system, we should pay more attention to constructing of governmental honesty. Administrative Licensing Law took effect on July 1st, 2004 had a significance and influence on constructing of governmental honesty. The rules of honesty contained by the Law are still the developing direction of Chinese government after two years and a half.The article analyzes and discusses the relations between Administrative Licensing Law and honesty constructing of Chinese government. Body of the article contains three parts. It explains the significance of the Law to the constructing of governmental honesty in the first part. The constructing of governmental honesty is not only the basic of social system of honesty, but also the significant guarantee of optimizing environment of market economy and promoting economic development. Governmental honesty determines the emergence and survival of government. It analyzes the uncoordinated performance of government in system of market economy and the bad influence of the un-perfect administrative examination and approval system, and stresses that certain laws and regulations must be made to standardize administrative licensing activities. The active significance of the promulgation of Administrative Licensing Law has manifested in the following aspects. Firstly, the Law helps strengthen the government's sense of urgency to rebuild the credit. Secondly, it helps enhance the honest awareness of civil servants. Thirdly, its legislative approach plays a positive role in the government's credibility. Fourthly, it helps control and reduces the government's corruption. In the second part, the paper demonstrates honesty principles in the Law and puts five standardized requirements to the governmental honesty. The first principle requires government to limit its mandate and keep its promises. The Law set a clear mandate and the main administrative license in view of the ambiguous situation of administrative licensing authority in practice. The second principle requires an honest and transparent government. Under the principle of openness, all of the administrative activities must reflect openness and guarantee the public's right to know. As the added rules, the principle of fairness and impartiality stresses the administrative activities should be objective and fair in procedures and in entity. Trust-protection principles of the Law require the administrative activities should be true and stable. The principles contain two aspects, and the first one is to protect the administrative license not to be abolished; the second is the revocation of compensation. Both require government to be honest when it implements the administrative licensing activities. Principles of high-efficiency and convenience require government to supply quality and convenient services for public. Convenience principle need government try the best to supply convenient services in various areas for applicants in the scope of obligations stipulated by law. Efficiency principle need administrative organs and their staff'activities be in accordance with procedures and time limit; the other aspect is to require capable institutions and clear division of powers. Regulatory-responsibility principle requires government to monitor effectively and keep responsible executives.The last part of the paper focus on implementing the Law and promoting the development and perfection of governmental honesty constructing, and gives corresponding solutions from five aspects. Firstly, to implement the principle of the legitimate and reasonable as well as change the government's administrative functions, including approve the establishment of responsibility and accountability system; speed up the establishment and improvement of the public finance system; thoroughly screen the regulatory documents containing administrative license of the past; enhance the education between power and rights and awareness of limited-government. Secondly, to implement the principles of openness, fairness and impartiality, and establish a sound mechanism to punish and constraint, including the openness of administration and perfection of the system of administrative review. Thirdly, to implement trust-protection principles and perfect appropriate compensation mechanism enabling legislation, including the protection of the right to seek relief and regulate social behavior of the government and the rule of law. Fourthly, to implement principles of efficiency and convenience and improve government efficiency, including a sound system for receiving letters and visits; put efficiency extent of the advance combined with the contest attaining; streamlining papers and conference; explicit approval response time and standardize the examination and approval procedures. The last aspect is to implement regulatory-responsibility principle and construct an honest civil service, including strict liability; establish a credit evaluation mechanism of government; continue to do a good job in propagandizing and popularizing Administrative Licensing Law; enhance the education of the integrity of the public service; attract talents under the principle of fairness and impartiality. Countermeasures in this part based on the significance and requirements listed in the above are of good value not only for implementing honesty principles in the Law, but also for constructing Chinese governmental honesty and perfecting social credit system.