Research On The Accelerated Procedure Of Administrative License

Since the mid-1990s, China began to carry on the reform of the administrative examination and approval system. In2003, the "Administrative license law" promulgated,making China’s administrative approval system reform has achieved initial results. However, from the practical point of view, the administrative license system reform in china is far from being in place. For example, in "administrative license law", while strict rules to implement general procedures of administrative license, the procedure of the Charter, the recognition, the approval and the registration also made the corresponding provisions, but there is lack of attention to the accelerated administrative license which is existing in the Western countries. From a practical point of view, the rigid provisions in administrative license procedures contribute to standardize administrative permission to implement the right to maintain the implementation of administrative license process fair. But on the other hand, it may also cause delaying administrative license process, and then to bring negative effects to the economic development and the administrative counterparts’ rights. Administrative license accelerated programs contribute to "speed" and "benefit" based on the fair, and promote the economic recovery and development. Although the administrative license accelerated programs also suffered controversy, in most western countries it has long played an important role in promoting economic growth and protecting the people’s basic rights and interests. In today’s world, suffered from the2008global financial crisis, most countries headed by the United States increase applying the administrative license accelerated procedure in order to revitalize domestic economy. Therefore, under this trend, it has very important theoretical and practical significance that pay attention to and study the general theory of the acceleration of administrative license, summarize and learn from western countries, discuss on the necessity and possibility of setting accelerated license on China’s administrative license system.The dissertation is divided into four chapters. The first chapter is the introduction, mainly introduce the background of administration accelerated licensing procedure, then demonstrate the necessity of researching and establishing this procedure in the present context. The second chapter is the comparative law analysis of accelerated license. This chapter is divided into three parts. First of all, summarize and practice the conception of administration accelerated license based on the German law and American law; secondly, comparing the provision of the accelerated license, mainly involving the provision of the United States, Britain, Japan and EU; finally, according to this, analyze and summarize the value of accelerated license. The third chapter is the empirical analysis of China’s administrative accelerated license. This chapter is divided into three parts. The first part is normative analysis of administrative accelerated license, mainly basing on China’s "administrative license law", sector acts, Hunan province and Shandong province administrative procedure stipulation. The second part is the practice of the administrative license. From the specific practice of some regions and departments, to explain our country had explored the accelerated license. The third part is targeted to establish the accelerated procedures of the administrative license, focused on some problems which should be pay attention to, mainly involving the relationship between accelerated license and fairness, economic benefits, public safety, environment. The fourth chapter discussed the establishment the basic conception of Chinese administrative accelerated license. Specifically, the accelerated license procedures shall adhere to laying equal stress on equality and efficiency, adhere to the "people-oriented", adhere to the "scientific outlook on development" target, clear the scope of accelerated license, and should pay attention to and improve the supporting system of administrative accelerated permission.