The First Study On The Transfer Of Administrative Licensing

Article 9 of Administrative License Law of The People's Republic of China prescribes, it is a matter of principle that administrative licensing can not be transferred; laws and regulations in accordance with legal conditions and procedures can be assigned an exception. There are a lot of one-way laws and regulations may provide for the transfer of administrative in China which are mainly for the license to property and license to action and have put them into practice. Administrative licensing to produce economically important rights of property, and to maximize the benefits of rights, it is required that the rights are exclusive and free to transfer. On the other hand, market economy is a kind of independent allocation of social resources, to make the best allocation of resources, which requires the government to reduce the administrative allocation of resources, so that production resources has liquidity. It should be based on certain procedures to allow the transfer of administrative licensing, and regulate the transfer of administrative licensing timely when the administrative licensing in line with certain conditions. Only the administrative license can be freely transfer when bring them into line with the conditions that could be regulated the creation and implementation of administrative license, protected the lawful rights and interests of citizens, legal persons and other organizations, maintained the public interest and social order, protected and monitored the executive branch to implement administration effectively.