Study On The Several Issues Of The System Of The Relative Centralized Power Of Administrative Permission

The system of the relative centralized power of administrative Permission is a new system established by Administrative Permission Law, and it is an important way to deepen the administrative system reform and restructure the administrative authority system. This system is not only theoretical, but strongly practical. It is an overlapping region between academia and practice, with the result that only a few articles on this subject have been published since Administrative Permission Law's promulgation. Therefore, the author attempts to do a systematic research on the relevant problems of this system and hopes that it will be of great help to later research on this subject.This thesis consists of four parts.The first part analyzes nomological interpretation of the system of the relative centralized power of administrative Permission. Firstly, it gives a defined viewpoint about the relative centralized power of administrative Permission, which is an independent legal concept because of its conformation to principle of legality. Secondly, it expounds the definition and constitution of the relative centralized power of administrative Permission, and makes the distinction on essential and formal meaning. At last, it puts forwards the value of this research.The second part reconsiders the early practice of the system of the relative centralized power of administrative Permission. It gives a practical inspection on the reform of administrative examination system which has been widely developed before Administrative Permission Law's promulgation. It analyzes embryonic form of this system in the reform process. Based on this, it analyzes the difficulties which the system of the relative centralized power of administrative Permission was faced with in early practice. And, this part proposes explicitly that the narrow meaning of the system of the relative centralized power of administrative Permission is the right direction for development.The third part examines principles of the system of the relative centralized power of administrative Permission from three aspects. The first is basic principles of administrative law, such as principle of legality and principle of reasonableness. The second is principles stipulated explicitly in Administrative Permission Law, including principle of transparency, principle of fairness, principle of justice, principle of meeting the convenience of people, principle of reliance protection, etc. The last is the exclusive principles of the system of the relative centralized power of administrative Permission, such as relevance, homogeneity and suitability.The fourth part covers suggestions that perfect the system of the relative centralized power of administrative Permission. At first, as to system restructure, the author thinks that a gradual way may be a better choice, and hopes that the bodyguard of relative party's hearing and legal remedy should be drawn close attention. And then, the author suggests that sound and perfect legal framework, the relevant connective strengthen and bodywork of this work should be the best solution.