The Research On Administrative License Enactment Right

Administrative licensing enactment right is the power of the creation of new administrative licensing in the case of no other legal norms. This source characteristic makes it become the basis and premise of all other specifications and system in the Administrative Licensing Law. In essence, administrative licensing enactment right belongs to the legislative power. It's also a kind of design and judgment concerning the right and obligation relations.Analysising licensing enactment right can treat the form and substance aspects as the breakthrough point. In terms of form aspects, different levels of legal norms shall set licenses according to the procedure of law within the scope of their respective permissions. In addition, new Legislative Law makes the city divided into districts implement the transformation from local regulatory documents to local rules and regulations in setting license in accordance with the law permits in three aspects under the premise of no exceeding. In terms of substance aspects, from the angle of the matter, the article 12 and article 13 of the Administrative Licensing Law define the scope of licensing which can be set and can't be set respectively from the positive and negative points. What's more, the “negatives rules” of article 13 left operational space for the reform of administrative approval system. The cancellation and lower of the administrative licensing still belongs to the category of licensing enactment right in essence, but there exists some problems, such as the cancelling and lowering subject is inconsistent with the setting subject, and administrative license in some areas is not really in the cancelling and lowering.On the basis of defining the scope, whether setting administrative licensing or not needs to use a certain method to judge from the angle of the whole administrative process: in front of the licensing set, to predict the expected regulation effect the licensing method can reach through the cost benefit analysis decides whether to set licensing; after the licensing set, to analysis the necessity of the licensing through the administrative licensing evaluation system determines whether licensing needs to be modified or repealed; if it is difficult to judge through the first two, licensing purposes can be assumed to be a beneficial supplement. On the basis of the foregoing analysis, we can optimize the licensing enactment right system from the following aspects: in the first place, the perfect of form issues relies on the further definition of setting subjects and the implementation of the program control system; secondly, the perfect of substance issues needs to set the correct idea that reform lies not in order to reduce the licensing at the same time of strict control licensing set; finally, it's also necessary to optimize the key nodes in the process of setting licensing by introducing the public opinion, activating the licensing evaluation system, strengthening the supervision of licensing after setting and so on.