Problems In The Implementation Of The Administrative Licensing Law And Countermeasures

The "PRC Administrative Licensing Law" was adopted on August 27, which is passed in 2003 by the fourth meeting of Tenth NPC Standing Committee, and came into effect in July 1, 2004. With the basic principles of openness all through the entire law, the order of this design is to limit the expansion of executive power and protecting the relative legitimate rights and interests. But the phenomenon of expansion of executive power against the interests of relative was still the inevitable. However, in order to maximize the conflict between the Government's public power and private rights of the people, the Administrative Licensing Law establishes a hearing system and first filed system especially create the system of protecting the trust of the public. Its fundamental purpose is to guarantee the relative protection of property rights and interests of the person when the government is in the face of huge economic interests. The new era has not only given the Government's new functions, but also gives a new mission to the Administrative Licensing Law. The Administrative Licensing Law plays an irreplaceable role in the norm of the socialist market economic system, to avoid unfair competition, and to establish the fair and free market environment. But due to various factors making the law still has some limitations. The most serious problem is the charges in permission, however, simply method not changing the status of the prohibition of the fees. Expect financial security on the fundamental parts when they execute the permission. At the same time , we should also take some of the transition strategy, for example, trying to separate the authority of making a license decision from the authority of charges .In order to prevent from the situation recurring which is ignoring law always. Certainly, not only to achieve the correspond between the authority and responsibility, but also supply the relevant laws and regulations. While we should improve the oversight mechanisms continuously. Only in this way, Administrative Permission Law can be truly implied, so that the masses can participate in government administrative activities in the future.