Font Size: a A A

The Empirical Research On The Problems Of Legal Regulation About Non-administrative License Examination And Approval

Posted on:2014-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:T JinFull Text:PDF
GTID:2266330425486868Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years, with the deepening reform on the national administrative examination and approval system and the issuance and implementation of the "Administrative License Law", a problem related with the administrative examination and approval and administrative gradually highlights in practice, namely "non-administrative license examination and approval " problem.The non-administrative license examination and approval long-term free in the legal norms, easy to cause the abuse of administrative power and the wanton expansion and infringement of the legal rights of administrative relative person, weaken the effect of legal system of administrative license, also affected the administrative approval system reform process. In view of the increasingly prominent issue, it is necessary to face up to the existence of non administrative license examination and approval, and carries on the discussion on the theory of it.On the one hand, through a redefinition of the study sample of non legal nature of administrative license examination and approval, can clear and function of non administrative license examination positioning in the administrative examination and approval system, the laws and regulations also have a solid basis of legal principles.On the other hand, through the study of sample analysis of the non administrative license examination and approval of all aspects, can be summed up by the non administrative license examination and approval in the practical level of the overall mechanism mainly legal nature of practice disordered expansion trend, the specific behavior that is unknown and the lack of relevant laws and regulations; The specific legal issues of a conflict between the non administrative license examination of expansion and the lack of relevant legislation is mainly manifested in the aspects of setting, implementation and supervision. Starting from the mechanism of sound and specific system design two aspects, reconstruction and improvement of non administrative license examination and approval system of legal regulation, the focus should be reflected in the non administrative license examination legislation level function division, establishing classification policy dynamic operation mechanism, setting, implementation and supervision of each link of core system and auxiliary system design. The legal regulation method can effectively solve the problem in some actual work exist in itself, but also the administrative examination and approval system reform at the present stage of promoting effect, give full play to the protection of the legitimate rights and interests of the administrative relative person, positive role of normalizing government behavior.
Keywords/Search Tags:Non-administrative License Examination and Approval, LegalRegulation, Empirical Analysis
PDF Full Text Request
Related items