Administrative Permission Law Implementation Research

On August 27, 2003 the tenth Standing Committee of the National People's Congress fourth conference adopted "the People's Republic of China Administration To permit that Law" (hereafter referred to as "Administrative Permission Law"). This is in the Chinese administration government by law construction has a milestone significance important matter, has opened under the establishment modern government by law idea administration licensing system prologue. "Administration Permitted Law" the promulgation and the implementation mean to the administration licensing system reform achievement confirmation. At the same time, the reform experience is "Administration Permitted Law" the implementation has provided the practice preparation.Has implemented since July 1, 2004, looking from various aspects, "Administration Permitted that Law" has had the widespread positive influence, but the administration permitted that the domain still had some problems not to be solved. Analysis question reason, also has in the legal barrier, also has Administrative organ's barrier."Administration Permitted that Law" implements the legal impediment which faces to include: 1st, legal function finiteness. The legal adjustment's scope is limited; Legal display functional need various necessary; Legal restraint people's creative activity. 2nd, "Administrative Permission Law" own insufficiency. "Administrative Permission Law" is not thorough to the administrative permission's limits; The administrative permission hypothesis scope's stipulation is not rigorous; Establishment faith protection principle actually not concrete provision safeguard; To the administration permitted that the centralism handles the organization the localization not to be explicit; Is imperfect to E-government's stipulation."Administration Permitted that Law" implements Administrative organ's barrier: 1st, vested interest group's resisting - - "Administration Permitted Law" implements biggest barrier. 2nd, the administration decides after deliberation freely the tensity 3, administrations permitted that the idea transforms with the social development not synchronization. 4 lack "Administration To permit that comprehensively Law" implements the safeguard organization. 5th, has not started "Administration To permit Law" stipulated working mechanism. 6th, the exploration innovation's time limit settles, the overtime pledge, parallel permission, E-government working mechanisms and so on to tacitly consent to that to inform to need to consummate.Guaranteed that "Administration Permitted Law" can implement the countermeasure which effectively needs to adopt: 1st, in legal solution measure, including consummation administration permission limits; Perfect administrative permission hypothesis scope stipulation; Consummates the faith protection system; Speeds up the E-government legislation. 2nd, Administrative organ's solution measure, including restructuring administration permission idea; The formulation administration permitted that decides after deliberation the power datum; Establishes one authoritative, the unification, comprehensive "Administration To permit that Law" implements the safeguard organization; Establishment unified administration permission project cleaning up technical standard; Starts "Administration To permit Law" stipulated the appraisal, cancels with the relatively centralized mechanism; Strengthens the E-government to construct. 3rd, consummates the time limit which the implementation administration permitted to settle, the overtime to tacitly consent to that to inform the pledge, the parallel permission and so on new mechanism, this need law and the administrative practice send the strength together. 4th, strengthens "Administration To permit Law" implements the outside supervision, including strengthens the citizen to supervise, the National People's Congress Political Consultative Conference to supervise, the judicial surveillance, the news supervision of public opinion.