The Subsequent Supervision Of Administrative Licensing

Administrative licensing refers to a specific administrative act that the subject of administrative gives or confirms the legal qualification or legal rights of administrative counterpart to be engaged in an activity in form of the issuance of permits and licenses according to the application of administrative counterpart and legal review in the general prohibition in the law. As an important part of administrative act, administrative licensing plays a key role in daily life of national. In recent years, there has been a significant increase in the number of administrative licensing as China has stepped into the pattern of rapid economic development. A lot of administrative licensing also cause many social problems,especially licensing items which are closely related to people’s livelihood, such as food industry and chemical industry; licensed enterprises change the license content arbitrary after being licensed, including violations of licensed matters, and so on. These volatility factors make China be immersed in a kind of fear that danger may occur at any time.As an important means of regulation of the nation, administrative licensing must be equipped with a perfect protection mechanism. Unlimited licensing will certainly cause chaos to the operation of the whole society. The Administrative License Law lays down a series of supervision measures, such as annual inspection, revocation and withdrawal, cancellation, but judging from the obtained subsequent results, it tends to "pay attention to licensing while ignoring supervision", or "only licensing without supervision", so its specific effect is no much different from that of before the issuance of the Administrative License Law.The supervision of administrative could departs to two parts from the time of approve:Access Supervision and Subsequent Supervision.The different between them has decide that subsequent supervision can not be replaced by access supervision.Subsequent supervision is an important mechanism to ensure the proper functioning of the administrative license.It is due to lack of Subsequent supervision,in the process to realize the value of the administrative licensing system,there has been a large number of obstacles.The main reason for this phenomenon is that our country do not give enough importance on the subsequent supervision of administrative license,including the phenomena of lacks of laws and supervision which are emerging in an endless stream.This paper will be based on the new requirements of development of China’s society with rule of law, in the perspective of administrative law,analysis the base of legal theory, explore the stakes,According to the regulatory status,investigate the reason of problem,base on the experience,make recommendations and observations, exploring the supervision model and system’s development from the perspective of the new situation, so as to improve the subsequent supervision management of China’s administrative licensing.