On The Realization Of The Impartiality Of Administrative Licensing

The conflict between public right and private right has always been an eternal topic, and the thing is true in the field of administrative licensing. How to prevent the public power and the private rights from abusing has always been a problem. In order to avoid any extreme situation occurred in this paper, this paper takes a further step to discuss the realization of the impartiality of the administrative licensing under the guidance of fairness. Fairness, as the pursuit of value of law, also ought to reveal its legal meaning in the administrative licening system. The administrative licensing system of our country has always existed many problems which seriously hindered the justice of administrative licensing. After the world first administrative licensing law of the People's Republic of China appearing, the administrative licensing has made original reform and improve both in legal and theory aspects. However, it is not real to change the present system situation depending on one law. Therefore, in this article, the author tries to offer some feasibility suggestion on the deep analysis of the problem which could be an obstacle in the realization of the'fairness in administrative licensing. It is hoped that to make some contribution to the theoretical study and practice explore of the pursuit of the fairness of administrative licensing.The paper is divided into three chapters:The first chapter mainly sets forth the basic theory of justice of administrative licensing. This section expatiates the meaning of the fairness and legal judgment standard of administrative licensing, and also the related legal system. This chapter also deals with the value and necessity of administrative licensing which plays an important role to the whole paper.The second chapter deals with the related issue of the realization of the fairness of administrative licensing. The author tries to illustrate this question from two aspects which are the physical system and procedure system. Through deep analysis on the previous problem in the administrative permission system of our country, the author sets forward the reasons of these problems.In the third chapter, the author gives some advance on the issue of the realization of fairness of administrative licensing which are divided into two aspects, the physical fairness and procedure fairness of administrative licensing. These suggestions cover both of the institutional suggestion and practical suggestion. Based on the administrative licensing law, some advices are on the premise of the legislative spirit of administrative licensing law which also showed in the related regulation of administrative licensing law. However, due to the reason that administrative licensing law also has defects and deficiencies, the author puts forward some pointed and feasible innovative suggestions. In view of so many problems in the administrative permission system of our country, the realization of fairness of administrative licensing has become a necessity. It is hoped that these suggestions mentioned in this paper could give a hand to the realization of the fairness of administrative licensing.