The Research On Notice And Commitment System Of Administrative Permit In China

After China joined the World Trade Organization, our government deepened the reform of administrative approval and the notice and commitment system was born. The notice and commitment system piloted at first in Pudong New Area of Shanghai, and then spread across several districts in China. It has transformed the governmental function from management to service and changed the way of review from both formal review and substantive review to formal review. In practice, it simplified administrative procedures, shortened the permit time, saved the costs and improved efficiency so as to get satisfaction from applicant.However, problems were born with the implementation of notice and commitment system. Either violation of law of statutory procedure or irrationality of distribution of legal liabilities caused by review mode caused controversy from legal circles had the difficulties to implement the notice and commitment system. The paper will analyze its situation to give some advices to perfect it.There are three parts in this paper. The first part introduces the concept and value of the notice and commitment system, defines its legal attribute according to different views and presents related theories. The second part analyzes its implementation in Public Health and Industrial and Commercial Fields and summarizes its legal problems. The last part gives some advices from legislation and practical supervision.This paper makes the research on it born in transition period of administrative permit through three parts and retains the system by providing advices.