Construction Of The Government Under The Rule Of Law From The Perspective Of Administrative Permission Law

The rule of law and promoting the government’s legalization building is not only afundamental policy of our country, but also the requirements of the modern state management andsocial governance. Meanwhile, the administrative licensing system, as an important governmentalfunction and as one of the primary means of social governing and economic regulation, plays anirreplaceable role in today’s social affairs. Specifically, the administrative licensing system playsan active and effective role in controlling the risk, the allocation of resources, providing the publictrust and market management, as well as other aspects of public services. However, with thedevelopment of society and economy, the administrative licensing, as a major means agovernment regulation, which is showing up more and more disadvantages, such as inefficiency,corruption, and other secret operations. These problems existing, not only make the system derailits function, but also make the government more and more deviated from the legal track. Therefore,it is an important issue faced by the government on how to give full play to the positive role andcurb its negative role in promoting the market economy as well as strengthening the process ofrule of law of this system. In order to regulate the behavior of administrative licensing, the NPCStanding Committee of China formulated the "Administrative License Law" in2003. With thepass of the law on administrative license, our countries administrative licensing behaviorgradually back on the right track and been standardized. Meanwhile, with the "Law" wasimplemented, the government’s goal of building the rule of law has been further promoted. Thisarticle is starting from the administrative approval, through exploring the pros and cons of theadministrative approval, as well as requirements and characteristics of the rule of the law, furtherstudying the law how to help the government establishing the spirit and conduct of the rule of thelaw through regulating the process of the administrative approvals. Meanwhile, at the end of thisarticle, the author also points out the potential problems of the “Administrative License Law” inorder to provide a theoretical basis for the future formulation and revision of related laws andregulations.