Regulation On Administrative Licensing Discretion

Discretion of the administrative licensing means that within the scope and extent of the legal provisions of Administrative Licensing Law, subject of administrative examine legal validity of the matter that administrative counterpart applied and make a decision about the administrative license based on fact judgment and legal judgment. It has the characteristics of being statutory, independent, selective and relative. China's Administrative Licensing Law provides setting rules of administrative licensing, implementation of administrative licensing and cost of supervision and inspection, as well as legal responsibilities. At the same time,to build the government under rule of law and improve administrative efficiency, existing laws authorize administrative organs discretion in a wide range. Giving the executive administrative licensing discretion is of great importance to increase administrative efficiency and strengthen the effectiveness and flexibility of the administrative act, and make up for the inadequacy of the legislation, administrative absence, and take advantage of the value and purpose of the administrative licensing. However, in current administrative licensing discretion system, there has some problems in the setting implementation and supervision of administrative licensing.This situation need for effective regulation. Regulation of the administrative licensing discretion should start with three aspects, the first is about Legislation, our law should strictly regulate the setting of the administrative licensing authorities, legal form, and permissions;the second is about discretion standard, administrative organs should take initiative steps to develop a discretionary standard, clear specific conditions of the license and specific criteria to quantify the administrative license; the third is about supervision, effective monitoring mechanism should not only protect the executive authorities exercise their functions and powers according to law, but also monitor the executive branch to perform their duties according to law. An effctive supervision mechanism will guide our Government to change to limited government which act under the rule of law and sevrve the people.