The Setting Of Administrative Licensing, The Implementation Of Relief

This article makes a systematic demonstration on administration about permissive enactment, permissive actualize and permissive almsgiving of three links. It contains five parts, as follows: introduction, enactment of administrable permission, actualize of administrable permission, almsgiving of administrable permission and statement.Introduction is based on the beginning and development of administrable permission, Comparing its difference at home and abroad, indicating the signification of administrable permission in theory and practice.The first part, enactment of administrable permission is the first link and the basis of administration permission. The essential of enactment is to control some special rights and qualifications that are dominant and endow dualism about the right and qualifications. With this basic viewpoint, the discussion pay more attention on the relation between permission and examination, the function, the limit of right and the way to solve questions after entering into WTO.The second part, discuss the practice of the actualize about administrable permission deeply. Actualize is regard as the middle link and also the fundamental and vital link. The part discuss about the department, the restrict of right and process of administration.The third part, discuss administrable almsgiving. It is remedial measure whether the administrable permission is legality and just. The essence of remedy lies in protecting one side lawsuit right by law, balancing the contract between the department and the other side, and defending the other siderelatively rights and interests by law. The main content of the part are to discuss the withdraw, remedy, duplicate view and lawsuit about administration permission.This article gives conclusions in the end. In theory, it is necessary to study the theory of administrable permission and the relation between department and the other side. In practice, it is important to perfecting the law system of three links among the enactment, execution and compensate of administrable permission, and so on. It is essential to enforce the execution of the department and also need to control it strictly. At the same time the other side perform its obligation, ensuring remedy right of citizens. With lawmaking, of administrable permission, it is important to perfect and standardize the action of administration, protecting the rights and interests of the other side better by law and improve the efficiency of administrable permission.