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Research On Technical Evaluation Of Administrative License Clause

Posted on:2015-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:L S HuangFull Text:PDF
GTID:2176330422481144Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative license terms refers to the legal texts administrative licensingrequirements, the implementation of the main terms, conditions, standards, procedures,legal liability, etc., it is the laws, regulations, rules text of the common terms and moreimportant. General three-part structure based on law that law, sub, by-laws, theadministrative licensing terms are related to the specific legal norms, are importantprovisions of the law, though not all are available in terms of legal texts, but In most legaltext on the executive management, the administrative licensing is an important way ofmanagement and regulation. According to the State Council Legislative Affairs Office ofStatistics in2000,75departments of the State Council in addition to five departments,other departments have administrative license, the State Department a total of2,789administrative licensing matters; according to the provincial people’s governmentannounced the reform of administrative examination and approval numbers, provincialadministrative approval items generally have about2,000. Administrative approval at themunicipal level there are as many as seven or eight hundred. These administrativelicensing matters set mainly by legislation, therefore, the administrative licensing termsare more common legal provisions in our legal texts. Although critical of academicadministrative licensing, implementation of the main conditions, standards, procedureswere studied, but only concerned with the implementation of the right to set right theadministrative license, no structurally law, legislation and other technical, substantiveexplore the issue further. Today, China’s socialist legal system with basic features havebeen formed, academic research should be more towards the legislative technical issues.From the perspective of legal provisions setting legislation improve our technology, itwould be a study into the road. Follow this road into the study, able to break through thebarriers of current legal research note theorists have been increasingly depleted, thephenomenon can also harm the public interest in order to solve the practice of highlightingsome of the "legal basis" under the circumstances of this legal loophole, etc. sometechnical aspects of legislation put forward feasible suggestions to remedy, research papers and therefore has a certain theoretical study and practical value.The Standing Committee of the Fourth Session of the Tenth National People’s Congresspassed the August27,2003"People’s Republic of China Administrative Licensing Law"which came into effect July1,2004. The method of setting the permissions of theadministrative licensing, implementing body, licensing criteria or conditions, licensingprocedures, licensing and supervision systems were unified specification, to becomeChina’s administrative regulations, local regulations and rules set licensing terms "quasi-Itlaw.""Law" introduced the era of the rule of law conforms to the needs of government,and promoting the standardization of administrative licensing practices, the rule of law,rule of law, and thus contribute to a unified government, government credit, sunshinegovernment and government services building. Administrative license terms setconfiguration involves not only the legislative, executive and judicial powers, and alsoinvolves administrative relative person’s interests. Therefore, as many legal textsnecessary and important terms, how scientific, standardized set of these terms shouldreflect the content and terms of value worth exploring.Admittedly, the administrative license terms set study should be a fundamental part ofthe legislative theory, the structure of the traditional law school legislation have alsooccasionally involved. But once the research has focused on purely technical means ofadministrative licensing legislation structure studies, and the content of the law itself, thestructure of the system involving fewer or less studied. For this reason, research papers tosome extent, necessary and useful supplement to our legislation learning theories.Meanwhile, research papers can also provide some direction legislative practice sectorreform proposals, but also choose a more correct way for the legislative branch legislation,legislation to reduce costs and improve the quality of legislation to provide a choice oftargets. In addition, some of the content of the paper relates to the possible effect on theanalysis of the legislative approach, which is also bound to provide a workable basis fortesting social legislation.
Keywords/Search Tags:Legislation Technology Assessment, Administrative License Terms, Implementation of administrative licensing procedures
PDF Full Text Request
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