The Research Of Chinese Administrative Permission System

Since the turn of the century, departments of different provinces have carried out the reform of the system of administrative approval based on the arrangements and instructions of the central government and the State Council, which has eliminated a great many of administrative approval projects, standardized the administrative approval procedures and has acquired some primary achievements. This has soothed the way and laid solid foundations for the Administrative Permission Law. Formally implemented on1^st July2004, the Administrative Permission Law has further consolidated the achievement of the reform of administrative approval system and has brought the reform of administrative approval system into the legal systems. The administrative approval system has been legally transformed into administrative permission system.It has been eight years since the Administrative Permission Law was promulgated. With the further development of market economy system, the reform of administrative approval has stepped into a new developing period. Meanwhile, in the light of the inherent feature of the law, namely, stability, it is impossible for us to make specific provisions to solve the problems in the reality, nor take every detail into consideration. The law only provides us with a frame and standard to solve problems. In practices, we should put emphasis on the core and main ideas of the Administrative Permission Law, grasp the essence of law-based administration and implement the key idea of the law so that we can put the law into practice flexibly. At the same time, we must be clear that it is surely impossible to solve all the problems in reality by depending on one classic law. It is very necessary to establish relative supporting systems. Only when the systems are perfect and there are specific standards to solve every concrete problem, the role of administrative permission system can be fully displayed. As a matter of fact, the Administrative Permission Law has encountered many new situations and problems in its implementation, which shows that the law needs to be further improved. This thesis by analyzing the development of administrative permission systems from five aspects, namely, the basic problems of administrative permission, subject setting, scope setting, implementation subject and relevant procedures, provides some new ideas for the further development and improvement of the administrative permission system.