On The Perfection Of Legal Regulation Of Chinese Administrative License Power

The third Plenary Session of the18th CPC Central Committee initiated the grand movement to comprehensively deepen reforms. Government transformation is inseparable from streamline administration and institute decentralization, in which administrative examination and approval is the breakthrough. As an important power related to the vital interests of citizens, administrative licensing power has not been soundly and legally stipulated in China’s laws. If power organs obtain the administrative license, they will get the power rent-seeking space, and the more the administrative license, the greater the power rent-seeking space, which will result in corruption. In order to perfect the legal regulation of administrative licensing power, it is not enough to only fulfill the "streamline administration and institute decentralization". And with the social and economic development, the legal regulation on administrative licensing power in Administrative License Law has exposed many shortcomings and defects.Administrative licensing legislation, namely, Administrative Licensing Law, which stipulates the principles for administrative licensing system. Such provisions are general and imperfect and hard to have the legal effect of improving and regulating administrative license power. This will inevitably result in the abuse of administrative license power, and such abuse of power will eventually prejudice the legitimate interests of citizens and hinder the social and economic development.The reasons why the legal regulation of Chinese administrative license power is imperfect are multifaceted, however, generally speaking, there are mainly two reasons:first, the inherent shortcomings of Administrative Licensing Law, such as poor coordination, uncertainty and finesse of legal provisions, imperfect procedure setting, limited hearing system, file system and publicity system, lack of proper relief system, etc.; second, the larger environment in which Chinese administrative license power operates. The implementation of Administrative Licensing Law lacks adequate social foundation, the legal awareness of law enforcers and citizens needs to be strengthened, and impacting the vested interest of group results in law enforcers’ malicious evasion of legal sanction, etc. The presence of these reasons leads to many inadequacies in the legal regulation of Chinese administrative license power, mainly including:from the perspective of enactment right of administrative license, unclear range of administrative license, imperfect enactment procedure of administrative license, lack of clear standard for the operation of administrative license power and insufficient openness of standard, etc.; from the perspective of implementation right of administrative license, unclear legal responsibility of administrative organs and administrative personnel, imperfect hearing procedure and reason-explaining system, formalistic follow-up supervision, etc. This results in many problems existed during operation process of administrative license power from setting to implementation and the inability to achieve the desired effects. For these problems, the following improvement suggestions are proposed:from the perspective of administrative license enactment power, the scope of administrative license enactment should be clarified, legal regulations on administrative license enactment power of State Council and local governments be perfected and the disclosure system of administrative license enactment procedure be established; from the perspective of administrative license enforcement power, the restriction on administrative organs, as well as the administrative license enforcement procedure and the implementation of "streamlining administration and instituting decentralization" should be perfected. The perfection of legal regulations on administrative license power is not only the objective requirement of the third Plenary Session of the18th CPC Central Committee, but also the inevitable choice for Chinese political, economic and social developments.