Research On Deficiencies And Improvement Of The Health Administrative Licensing System In China

Activities of health area often involve citizens'health and life.So.administrative subjects must strengthen the monitoring of them. An effective pre-controlling measure is to establish the administrative licensing system. Accroding to the private praty's application, administrative organs should review the applicants' qualifications, then only permite them to engage in the activities who are in line with the legal conditions. Health administrative license is an important means.by which health administrative department administrate society's health services. It has a significantly positive influence on maintenance of social order and protection of citizens, legal persons and other organizations' legal rights. Because there have been a numble of problems frequently in the field of health administration in recent years, it exposes a lot of deficiencies in the health administrative licensing system in our country.which folks have given widespread concern. At present.improvement of the health administrative license is an urgent task.In this background, the author disccusses deeply the health administrative licensing system.and put forward some suggestion for reference, hoping to have certain help to deepen our understanding of the health administrative licensing system. By analyzing the problems that the health administrative licensing system existing, and further exploring the causes the problems lie, the author put forward concrete suggestions for perfecting our country's health administrative licensing system. This paper divides into six parts:Part one:Through the introduction of the corruption in Developto system and a series of phytotoxicity events in 2006. the author poses the question:health administrative licensing system in our country exists serious shortages, on which the research has certain necessity and urgency.Part two:sketching out health administrative licensing system. In this part, the article briefly expounds the concept, characteristic and significance.Part three:introducing the current situation of the health administrative licensing system in our country from the legislation and the law enforcement. On the legislation. China has worked out a large amounts of health of administrative licensing laws and regulations. The legal system is quite complete. The contents of the legislations are quite detailed, and they are of advancing with The Times. In the aspect of law enforcement, the administrative departments enforce laws and regulations in strict rotation, and the ability to rule by law is improving continually.Part four:analyzing the defect of the health administrative licensing system in our country. The part emphatically introduces the health administrative licensing system, mainly from three aspects:establishment of an administrative license, implementation, supervision and check. In the establishment of an admimistrative license, firstly the permission of the health administrative license in practice is not legitimate; secondly the scope of hygiene administrative license'establishment is not rigorous, in other words, the expression is fuzzy in the law. About implementation,firstly, the expression of permission projects in the permit is not standard; secondly, the subjects in practice are not consistent with those in law; thirdly, though in the administrative license law there is the clear rule that the health administrative departments should not charge anything to private party when they implement a health administrative license, part of the organs still break the law for charging fees. About the supervision and check, on the one hand.at present there is lack of the supervising and restricting mechanism to the health administrative organs; on the other hand, the health administrative authority supervises the hygiene license holder engaging in health licesing activities ineffectively, and the professionals and technology can not reach the requirements of regulatory objects.Part five:exploring the causes why the health administrative licensing system has so many problems. Basing on existing problems, this section find out the causes problems exist. In China why health administrative licensing system appears so many problems, it mainly exists five reasons. First of all. there are the inherent limitations of our country's legislation pattern. Different from western legislative model, namely spontaneous type, it is a "changing the French" legislation pattern in our country. This model has certain advantages, but it also has some limitions. which lead to the defects of our health licensing system in legislation. Secondly, administration notions and social development are not synchronized. With the establishment of the society ruled by law. the present administrative notions of the administrative organ, have already not adapted the request of the society's development, even hindered the progress of the society in some respects. Such as, advanced administrative licensing system can be damaged inevitablly by backward administrative notions. Thirdly. The government financial guarantee mechanism is not sound. That the government financial guarantee mechanism have not resolved for a long time is one of the reasons why the hygiene licensing system appear a numble of problems in reality. Fourthly, administrative discretion has tension. In the administrative licensing system, administrative discretion is indispensable and objective. The health administrative license is no exception. But because the regulations about administrative discretion of the health administrative departments in some legislation are not appropriate, or administrative organs abuse administrative discretion, it makes that health administrative licensing system can not get well implemented. Finally, the division of administrative powers is not clear. At the moment, beacause of hygiene administrative licensing in our county that involves many agencies and departments, the division of administrative powers is not clear, resulting in the chaos of the implenmentation of the health administrative licensing. In addition to these, vested interests boycott the implementation of the administrative licensing law. In order to maintain interests of the department and their own interests, aministrative departments and persons who have already obtained the health licenses, have made a boycott of the health administrative licensing system. That make the health administrative licensing system not play a better role.Part six:the suggestions about improvement our country's public health administrative licensing system. This section firstly expound the principles, which we should adhere to when we perfect our country's public health administrative licensing system, including market orientation principle, legal principle, fair and reasonable principle, efficiency principle, liability principle, supervision principle. Secondly, under the guidance of the above principles, combining the actual conditions of our country, the author puts forward the concrete suggestions about the health administrative licensing system. About the improvement of the establishment of an adminitrative license, firstly, the author introduces the principles of the establishment of an adminitrative license; secondly, we need strict the authority about the establishment of an adminitrative license, then, we should futher improve the range of the establishment of an adminitrative license. About the improvement of the implementation, the work we need to do currently is the reconstruction of hygiene administrative notions. Through training and educating the health organs and its personnel, it makes them change the previous backward traditional thought, and makes the goverment become the service government and legal government. Then we standardize hygiene administrative licensing discretion, such as formulating administrative descretion benchmarks, or limitting and supervising the correct exercise of hygiene administrative licensing discretion through announcing the procedures for the health administrative license to the public. In addition, we need put health licensing funds into practice, and control strictly the licensing fees. Lastly, we should standardize the expression of permission projects in the permit, and standardize the subjects who implement the hygiene license making the actual subject legal. About the improvement of the supervision and check, on the one hand, we perfect the supervising and restricting mechanism to the health administrative organs. The author begin mainly from the internal restriction mechanism and the external supervision mechanism. On the other hand, we should strengthen the supervision to the hygiene license holder,when they engage in health licesing activities. This needs we begin from four aspects:improving the professional of the regulatory authorities, establishing long-effect supervision mode, perfecting information disclosure mechanisms to follow-up supervision, and expanding the public participation in follow-up supervision of administrative licensing.