Research On Temporary Administrative License

With the temporary administrative license specified by the law, the provincial government have the power to set license, setting such power aiming to deal with various social problems and solve the legislative lag. Since the last century, due to the lag of legislation seriously constrainting the development of the society, many countries have stipulated the temporary administrative license, which belongs to some senior administration. In 2004, China law officially legalized the temporary administrative license in the Administrative License Law, which is of great significance for promoting the stability and adaptability of law. In order to solve its problems that might be encountered in implementation, this paper will discuss the theoretical basis of temporary license and analyzes the law. At last, this paper put forward suggestions that temporary administrative license plays a unique role in the reform of administrative examination and approval process in China.Except the introduction part, the structure of this paper is as follows:The first chapter discusses current situation and problems of temporary administrative license. This chapter organizes domestic and international law, sorts data that the various provinces set temporary administrative license, and judicial case involved in temporary administrative license. In addition, this chapter comprehensively summarizes all kinds of problems about temporary administrative license at present. From the law, the original legislation exploration of local laws, and normative documents to the administration enforcement and the juridical practical operation, the foundation of temporary administrative license has been laid in China. In the field of most area, normal license accounts for the vast majority, while temporary administrative license only plays an auxiliary role. It shows a lot of problem, such as ambiguity of procedure regulation, invalid dynamic supervision mechanism and the weakness of implementation of the effect and so on.The second chapter analyzes the first paragraph of article 15 of Administrative licensing law and discusses the theory of temporary administrative license. Administrative licensing law rules tow conditions setting temporary administrative license. The first standard is that if higher-level law don’t set temporary administrative license in the related field, the lower-level law have no power to set it. However, the second standard gives the agency too much discretion. There is no definition standard to limit the agency to set license and it is not clear to confine the agency’s discretion. In addition, the chapter analyzes the deadline of the period that the temporary license maintains effective and discusses the problem of the ineffectiveness of the expiration date.The third chapter explores and improves the relevant systems of the temporary administrative license, from three aspects, to solve various problems of the temporary administrative license. On the setting procedure, this chapter discusses the system of a fair hearing and explain reason system. During one year’s implementation, authority and the public evaluate the temporary administrative license, and the mid-term evaluation directly determines the temporary administrative license’s existence or cancel after the expiration. In the post-supervision, compared with the conventional administrative license, it is more necessary to discuss and build post-supervision mechanism for temporary administrative license. It is duty that the government authority regularly clean invalid temporary license, to guarantee the knowing right and supervision right of citizens.The fourth chapter analyzes the feasibility and necessity of temporary administrative license build reform of administrative examination and approval system buffer mechanism. From the relationship between the administrative licensing law and the administrative examination and approval reform, they have a close relationship. What’s more, this relationship is basis that temporary administrative license build the bridge of administrative examination and approval transforming to administrative licensing. Since the boundary of administrative license is ambiguous, parts of license is confused with administrative approval. The temporary administrative license plays a role in cleaning up the abnormal "administrative examination and approval." After necessary theoretical analysis, this chapter puts forward the specific strategies of administrative examination and approval buffer mechanism.