Font Size: a A A

On The System Of Administrative Examination And Approval

Posted on:2004-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Administrative examination and approval (AEA) system is an important means by which administrative organs make use of administrative power to interfere the political, Economic and cultural life in order to solve the "market failure" problem in the socialism market economy and lead the society develop healthily and continuously. The current AEA system has produced lots of irregularities while exerting a certain degree of positive effect. It must be reformed and perfected, aiming at the irregularities. Because China has been practicing the socialism market economy and joined the world Trade Organization. AEA system must be established which is in accordance with the market economy regulations and WTO rules.Different concepts of AEA get rise to different intention and extension. AEA must be scientifically defined on the base of analysis of AEA attribution in order to make clear and definite the intention and extension of AEA. AEA has such attribution as following:(l) the premise that AEA exists is general prohibition by law; (2) AEA restricts not gives citizen, legal person or other organization rights and freedom; (3) the purpose of AEA is to restrain dangerous factors that exist in political, economic and cultural field. (4) AEA applies only to private party in the administrative process; (5) AEA is a unity composed of application, examination and decision; (6) the approval decision that AEA generally makes has specific forms. (7) AEA is akind of concrete administrative act. AEA concept can be defined as below: Under the condition that law generally prohibits but authorizes administrative organs to recover individually, administrative organs examine the private party according to the application, and then make a negative decision when the private party is unqualified, or make a positive decision which endows the private party rights applied for when the private party is qualified. Comparing AEA with administrative license, it is clear that they have the same meaning but differ from emphasis point and analysis angle. AEA discloses the meaning from angle of process law, laying stress on administrative act process while administrative license from the angle of substantive law, laying stress on substantive rights and responsibilities.AEA has double function. In positive aspect, it can resolve the "market failure " problem arising from market defection. In negative aspect, it can develop "government failure " problem resulting from abuse of power.China AEA developed along different orbit in different economic system. In the self-sufficient economic system, AEA grew for the ruling class to obtain economic benefits and preserve the ruling order. In the socialism planned economy, AEA developed gradually for the state and people to recover and improve national economic system, realize national plan. In the socialism market economy, AEA is expanding to all aspects in order to avoid and solve the "market failure " problem.The present situation of China AEA system can be concluded as following: (1) the subjects that create AEA items are numerous; (2) the AEA items are countless; (3) AEA procedure is not perfect; (4) the AEA standard is not clear and definite, identical; (5) AEA link is excessive; (6)Charge and fee is overweightly imposed on private party. (7) administrative organs blindly examine and approve, neglect of superview.The current AEA system has caused serious irregularities: (1) The Large quantity of AEA items lowered efficiency of market economy and repressed vitality of market subjects, (2) Administrative monopoly arising from section protection and local protection hindered the construction of integrated and united home market in socialism market system; (3) Lower performance in administrative organs produced quantity of corrupt behavior jeopardizing social value; (4) The existence of large number of AEA items increased administrative cost and lowered administrative efficiency.The reason wh...
Keywords/Search Tags:administrative examination and approval, market economy regulations, WTO rules, examination and approval procedure
PDF Full Text Request
Related items