The Study Of Administrative Record Review Through Administrative License

Under the background of construction of limited government, a service-oriented government, the way of management of social affairs and economic and cultural affairs increasing flexibility, diversity, and provides the stage for the widely used of administrative record. Administrative record, however, is a new field which is widely used in practice but far away from the legal system, due to the weak of the related basic theory research and the blank of legislation, the legal attribute of Administrative record is unknown. Many administrative organs set up for the licensing matters in the record way. In our legal system, There are many records in the form of specifications, but play the role of the administrative licensing in fact. This is the so-called "administrative record review through administrative license”.There are a lot of legal norms which could set up administrative record review through administrative license. And the matters of administrative record review through administrative license are unbounded. Different from the general administrative record, administrative record review through administrative license usually exist for the record pre requirements, and for the record behavior is mandatory for performance,, for the administrative relative persons,who are not fulfilling the obligation means to undertake administrative legal responsibility, the record examination organizations take substantial examination standards for the administrative record review through administrative license. Administrative record review through administrative license have been affect the related the legitimate rights and the interests of citizens, legal persons or other organizations. The administrative relative person can bring administrative litigation for the administrative record review through administrative license.Administrative record review through administrative license set up administrative license in essence, but in the forms of record, if involving the law should not allow to set permission explicit or country has explicitly cancel license matters, or for the record to the administrative permission set administrative organs do not have the administrative licensing set permissions, This kind of Administrative record review through administrative license because of violating the? administrative permit law ? existing major illegal defects. And if the setting and review requirements meet the request of ? administrative permit law ?, the administrative record review through administrative license still has illegal flaws, Because this kind of administrative act shall be in the form of licensing rather than for the record. Administrative record review through administrative license also has a adverse effect, which is leading to the administrative organs hard to distinguish the different nature of the records, Affect the administrative efficiency.By defining the legal nature of administrative record, set up conditions, issues such as censorship demand, at the same time standardize the procedures of administrative legislation, which will help to curb administrative record review through administrative license from the source. Through the study of the effective internal supervision of administrative legislation can realize comprehensive treatment for the administrative record review through administrative license. Through the court of normative legal documents review system can realize to the law to set up the supervision of administrative record review through administrative record review through administrative license.