Study On The System Of Administrative Permission Setting In China

Administrative permission is one of the basic means of administrative management in a modern country. It plays a very important role in the social order maintenance, the public interests safeguard and the legitimate rights and interests of the citizen's protection."Administrative licensing Act of the People's Republic of China" has passed on August 27,2003 by the tenth session of the Standing Committee of the National People's Congress by the fourth session. It is the first issued and implemented in the form of special law so far. It is an important milestone in the process of ruled by law in our country. To limit the administrative power of government, guaranteed the legitimate rights and interests of citizens, legal persons or other organizations and promoted the change of government's functions is of great significance. However, any legal system has its imperfections. Since the implementation of administrative licensing law, its result is unacceptable, exposed the defects of it. One of the most prominent points is the problem of system of administrative permission setting. This system has occupied an extremely important foundational status in the system of administrative licensing. The scientific and reasonable system is the key to effective operation of administrative permission. In addition, it directly related to the citizen, legal person in the administrative management has enjoyed the rights and obligations, perfect the system is to solve the problem of administrative permission faced by the primary task. Therefore, to study the system of administrative permission setting appears very important.Based on the Marxist's world outlook and methodology as guidance, adhere to the combination of theory and practice in this research method, the paper mainly adopts the method of comparative analysis and empirical analysis, tries to studying seriously the setting of administrative permission in China. The author would studied our basic theory of the administrative permission setting as the breakthrough point to other countries, make studied comparatively the system to pointed out the problem of our system. Then, I would advise some feasible suggestions used for reference of foreign legislative experience and to perfecting our system.In addition to the preface and conclusions, the essay contains four parts:The first part is the basic theories of the system of administrative permission setting. Firstly, I will make simply introduction about the concept, characteristics and function of administrative permission. Secondly, I will focuses on the meaning, the principles, the extent of power and the procedure about administrative permission setting.The second part is the review about foreign administrative permission setting. I will make introduction the system about four typical countries, the United States of America, Britain, Germany and Japan, to pursue the method of perfecting our system from these foreign systems.The third part analyzes the system of administrative permission setting in China. First, I will introduce the historical evolution of Chinese administrative permission. Then, I will point out some defects of administrative permission setting and explore some reasons aroused by defects.The fourth part is the improvement of the system of administrative permission setting. I will explain the necessity to perfecting this system and make some suggestions about it.