The Relative Concentration Of The Administrative License Study

Market economy is the economy governed by law,, which must require the government ruled by law to be in conformity with. Ruled by law, the government's constructive objects include limited and service government. In our country the current situation of too much and excessive administrative license proves that we have quite a long distance from limited and service government. Too many subjects of administration have led to license given by different administrative departments and alternative enforcement of law, from which too much and excessive administrative license has been originated. Consequently, it is an inevitable conclusion of dispelling this kind of origin to concentrate administrative licensing powers relatively and construct its system.This thesis is composed of six parts, with more than 40,000 Chinese words altogether..The first part is the introduction to the background and value of the research, and several pieces of basic conception has been defined herein. The enactment and enforcement of "the administrative license law" has brought the chance and conditions to study the theory of reforming the administrative license system.The second part probes into the question what good and bad may be done by administrative license and administrative licensing power. The construction of the system of concentrating the administrative licensing powers relatively is to install a controller between the risk and the cost that would be brought about with administrative license. Abusing administrative licensing powers is compared to "tragedies of commons" that is cogent to explain license given by different administrative departments.The third part has investigated the reasons and measures of the system reform of the contemporary western administrative license, with some examples given to show what we should learn. Now we are surethat the departments of making policies should be separated from the departments of carrying out the policies, and so administrative licensing powers could be concentrated in some form.It's mainly discussed in the forth part how concentrating administrative enforcing power relatively derived and how it has been practiced in China. The forms are introduced including "the administrative license connected in parallel with different departments", "the administrative license done in a station" and "the administrative license done out from only one window".The most important of this thesis is Part five, which emphasizes how to concentrate administrative licensing powers relatively, and three models of such system have been put forward, i.e., concentrating administrative licensing powers "in complete form", "in the form of departments" and "in the form of public directions". Two stages should be passed through to achieve the above-mentioned goals. At the first stage the government lays foundations in a few typical administrative departments step by step, while at the second one the government completes constructing the system of concentrating administrative licensing powers relatively all-round in every administrative sector.The last part hints that it is the result of transforming the government functions as to concentrating the administrative licensing powers relatively and the construction of its system. "The second best system" could only be chosen so as to prevent some administrative sectors and the staff from using the system of concentrating the administrative licensing powers relatively, as a tool with which public powers are concentrated to them, or as an excuse with which public duties are avoided.