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The Study On The Issue Of Non-Administrative License Examination And Approval

Posted on:2011-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2166360305979303Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent year, with the deepening reform on the national administrative examination and approval system and the issuance and implementation of the"Administrative License Law", the State Council and its relevant departments as well as local governments have conducted significant reform on the administrative license system of various administrative authorities, canceling and adjusting a large number of items in administrative approval. In this process, non-administrative license examination and approval, another system related to administrative approval and administrative license has drawn increasing attention in practice. Many administrative authorities, especially some departments of local governments, have regarded non-administrative approval in parallel with administrative examination and approval as their administrative license items in practice.In academe, most of the scholars have focused on the points of administrative license system and the implementation of"Administrative License Law", but lacked the specific research on"non-administrative license examination and approval"in practice. So far, in terms of non-administrative license examination and approval, there is no unified recognition on theoretical level, and no well-recognized and authoritative academic views that have been raised. This thesis analyzes the non-administrative license examination and approval as a specific problem arising from of China's administrative examination and approval system reform and the perfection progress of the administrative license system. From a realistic view and based on the existing practice and legislation, this thesis has conducted a preliminary analysis and exploration on the reason why the non-administrative license examination and approval arises and the counter-measures to this problem. The whole thesis is divided into three chapters to analyze and discuss this issue.The first Chapter is the basic theory on non-administrative license examination and approval, introducing prerequisites and background on the arising of non-administrative license as well as the related concept and relevant basic theories. The content in this chapter generally includes: the retrospect and the prospect of the administrative approval system in China, the relevant concept and its connotation and denotation of the non-administrative approval system.This second Chapter is the analysis on the practical problems of non-administrative license examination and approval, mainly to explore the practical problem brought by non-administrative license examination and approval and the reasons. In this Chapter, the objectivity and practicality that non-administrative license examination and approval are raised out, and the relationship between non-administrative license examination and approval and the reform of administrative approval is clarified. Based on that, the practical problem of non-administrative license examination and approval is further analyzed i.e. the application of administrative license law is confined, the tendency of extension and expansion of the non-administrative license examination and approval practice, and lack of relevant legislation on non-administrative license examination and approval. At last, the reasons why the problem of non-administrative license examination and approval has arisen is preliminarily concluded and summarized, i.e. the ingrained traditional economic system, the difficulty to convert governmental functions and governmental management philosophy, lack of unified leadership on the reform administrative approval system, inconsistency on the stipulation of the regulatory legal document and the delay of the set systems.The third chapter is the analysis on the route of selection of the non-administrative license examination and approval and counter measures to the problem, mainly focusing on raising counter measures to the practical problems among non-administrative license examination and approval. In this chapter, two different routes of development that deriving from the practice of non-administrative license examination and approval are analyzed, indicating the tendency of development and the advantages and disadvantages of each route. Based on the analysis, the research on the orientation and the direction of development for non-administrative license examination and approval is conducted with specific solutions and counter measures raised out for solving the problems in practice.
Keywords/Search Tags:Non-administrative license Examination and Approval, Practice, Counter Measures
PDF Full Text Request
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