Studying The Legal Regulation And Rule Of Law Of The Reform Of China’s Administrative Examination

As an important component of government administration,the administrative examination and approval system in our country is used by government in the intervention in the market economy, the maintenance of market order,and the conduct of social management as an administrative measure.Our country’s administrative examination and approval system is the result of planned economy period and finally works up. Through the system, the government can achieve the allocation of public resources in a planned way. At this stage when socialist market economy is implemented in our country,the government can still control and adjust the market subject by means of administrative examination and approval even though there is a market failure.The deepening of reform and opening up and the establishment of socialist market economy system in China has brought increasingly clear defects. For fulfilling the requirement of economic development of our country, the administrative examination and approval system has been developed for several times since reform and opening up. In 1978, our country opened a new historical period of reform and opening up when the planned economy system collapsed gradually and moved to market economy irreversibly. Being one of the major measures of government regulation,the reform of administrative examination and approval has become an inevitable demand. In order to be suitable to the WTO rules and the development demands of market economy, our country carried out the nationwide reform of administrative examination and approval system at the end of 2001, and has obtained remarkable achievements. The publishment of “Administrative Licensing Law” in 2003 has become a milestone of our country’s administrative examination and approval system development. For the past several decades, great efforts have been made in reforming the administrative examination and approval system and good results have been achieved. However, the reform is not thorough with lots of problems to be solved. In order to make it indeed serve and continuously promote the development of our society and economy,the reform must be deepened to resolve the issues in the reform. This paper is to make suggestions on improving the administrative examination and approval system in our country on basis of analysis of the system. The article includes the following three parts.Chapter one is the overview of administrative examination and approval and the basis theory of the administrative examination and approval system, and the summary of characters of administrative examination and approval is included as well. Meanwhile, the generation background and historical evolution of administrative examination and approval in our country has been introduced.Chapter two is the analysis of the current situation of administrative examination and approval in our country. The author has put forward the existing problems, and analyzed the causes of problems.Chapter three includes research and analysis about reform process and reform method of Japan and America. Thus, experience of enlightenment which has a certain significance in the reform of our country’s administrative examination and approval system has been summed up.Chapter four has put forward some valuable suggestions on improving the administrative examination and approval system in our country under the rule of law, based on the summary of the development status of our country’s administrative examination and approval system.