On China's Administrative Licensing System Legislation Perfect

The concept of administrative license is that, upon the application of the citizen, corporation, or other organization, the administrative organs give license to its special action, after the examination according to the laws and regulations. The nature of administrative license is the permission or authorization on whether the party has the right qualifications or conditions for his conduct, and is the exemption of his nonfeasance duties to the party who accords with the qualifications or conditions. The system of administrative license originated from England, where the License Act was enacted in 1737, which gave the right of permission to the nobles on performing in the theatre, and all performers and performance should get license beforehand. In nowadays, administrative license has been adopted as a kind of measure in governing the social, economic, political and cultural affairs, and etc, by countries throughout the world. It concerns about the relations between interests of public and individual, relations between market adjustment and government regulation, and the limits of the administrative power and the right of the opposite. The Administrative License Code of China, promulgated on Aug.27th 2003 by the forth session of the tenth conference of Standing Committee of the National People's Congress, which took into effect on July 1st 2004, is the first united comprehensive administrative license act in the world. The promulgation of Administrative License Code has deep historical meaning, and provides a good chance to rebuild one limited, transparent and service-oriented modern government ruled by law. However, during the one year practice, Administrative License Code has met a lot of challenges, facing a series of difficulties. In order to make Chinese administrative license system much more mature, certain measures must be took effectively. Besides of the perfection of the administrative law system during the practice of legislation and judicature, the reform of administrative governance mechanism should be promoted dramatically.