An Administrative License On The Statute Of Autonomy

In practice, the absence of clear laws and regulations,resulting in the main administrative licensing set clear, Whether it is the legislative power of the state organs or no legislative power of the state organs, both normative documents or non-standard documents, in setting administrative license when there is no unity, set administrative leavea state of confusion。Since August 27, 2003, known as "administrative organs of self-revolution" [1], the "PRC Administrative Licensing" Since the implementation of the autonomy could set administrative licenses can modify laws and regulations set requirements for administrative licenses, andthe ability to set the highest law for administrative licensing requirements for specific series of issues has been awide-ranging debate. China's existing laws so far this hasnot been clear. This paper first to the Korean AutonomousPrefecture of Yanbian Monopoly liquor license for the creation of the legality of acts of articles starting point, Atpresent, China's Law on Administrative Licensing set on theInternet, as well as scholars and experts to investigate the perspective Netizen After analyzing the proposal to examine the autonomy to enact administrative regulations couldpermit the theoretical and practical significance. Second,Further analysis of the local laws and regulations administrative licensing theory, logic and Jurisprudence perspective, specify local rules and regulations of regional autonomy of ethnic ties Thus, it reached to allow autonomy of local self-government administrative licensing regulations isnot appropriate, Meanwhile, as if this legislation does not allow autonomy of local self-government administrative licensing theoretical basis is not appropriate; In this pape r summarized and compared the method can allow the autonomyof administrative licensing regulations set the focus of the debate is: if legislation allowing autonomy Administrative Licensing Law goes against the legislative purpose andthe spirit of the legislation? From what is the administrative licensing, administrative license legislative intent,the spirit of the legislation and administrative license types, and the role of the principle of step by step exposition I think the ultimate administrative license "meet the needs of the situation to the principle of "general license"decentralization" strict control and regulation special permission is not contrary to this spirit of the Law on Administrative Licensing suspects; Based on Regional Autonomy for Ethnic Minorities in the legal right to modify the exposition concludes:modifications to the wide scope to be ableto modify laws and regulations in legislation, but we muststrictly be limited. As for the autonomy law can set the administrative licensing, it should be that the basic legalprinciple can not be modified, not legal jargon modifications legal rules can be modified. Writing this to mind is theexample of Yanbian Korean Autonomous Prefecture, Analysisof Yanbian Korean Autonomous Prefecture of autonomy can enact administrative regulations permit the existence of the problem, trying to Chinese Legislation on the autonomy of administrative permission can set the no express provision has played a research topic the role.