The Problems Of Follow-up Administrative License And Its Solutions

The follow-up administrative licensing supervision means the administrative licensing subjects have the execution power of supervision to the licensee holders after the administration bureau approved the application. Currently, due to the lacking of laws and regulations in administrative license, many difficulties in practical follow-up supervision have being a real issue. The reality of follow-up supervision in China nowadays is that the official authority pays more attention to license than supervision. There are mainly three problems in follow-up administrative licensing in China. Firstly, the administrative system does not specify responsibilities and obligations of different departments. Besides, different administrative departments lack effective communication and cooperation, and thus supervision becomes ineffective and weak. Secondly, the administrative system lacks regulations of legal liability. And in many areas, there have no much relevant legal papers talking about this, and even have zero in some other areas. Thirdly, the non-equivalence of facts among the administrative subjects, licensee, and the public makes the licensee holders monopolize the facts. And thus, the licensee holder would easily break the rules without paying many costs.This article will analyze the real issues exist in current follow-up administrative supervision, and then to provide the legal strategies and methods to solve these issues. Specific speaking, they are as follows: First, to set up a rational administrative system to specify the working responsibilities in order to avoid repetitive check. Furthermore, force the licensee holders to make the facts in public, and let the public power to supervise them. And last, to introduce the so called Double Punishment, which means a legal liability that both punish the organization and the person. This system aims to emphasize the individual’s responsibility, in order to fairly allocate the liabilities.