A Study On Administrative Authorization

In the waves of the rule of law, the roles played by governments have changed from"all-round" to "service-oriented" gradually. Under the constitutional government background, a government has transferred its partial authority to the qualified social organizations to meet the more and more complex and urgent social status. In this way,the governments can achieve a more efficient and orderly public management, and administrative licensing is an important way of management under the background. At present, there are still many problems in the administrative authorization of our country,which can not meet the needs of our country’s current social management. The main problems are as follows: Firstly, the theoretical basis of administrative authorization is weak and the administrative decentralization theory is not thorough, causing the the scope of administrative authorization is short of theoretical foundations. Secondly,The legal status of the authorized organization is not clear, resulting in the administrative litigation subject qualification is difficult to determine, leading to legal accountability difficulties.etc.. Thirdly, in terms of the legislation, the relevant laws, regulations and rules are numerous and jumbled, the legal levels are uneven, and there are conflicts between each other with no treating methods. Moreover, the procedures of administrative licensing are lack of legal provisions.Fourth, in terms of judicial remedies, laws, regulations, rules and some documents conflict with each other. Besides,it happens sometimes that the lower laws violates the upper laws for self-authorization.The relief mechanism is weak, and the authorized supervision measures are also inadequate.It is urgent to solve the problems of administrative authorization. In this paper, the theoretical basis are the development of the constitutional government and the resulting transformation of the government functions. Be based on qualitative administrative authorization of the legal action and the affirmation of administrative authority for the transfer of powers essence, therefore, it is proposed that the administrative authorization is intended to transfer the authority to the social organization which meets the relevant conditions or the relevant qualifications. On the analysis of the first part, the author analyzes the present situation of the administrative authorization in China from the three aspects, respectively, theory, legislation and judicature, expounding its existing problems and the real state of administrative authorization in our country. Finally,through the comparison of ought-to-be and to-be, the author puts forward the reasonable suggestions of rationalization for the further development of administrative authorization in our country, which are long-term countermeasures and temporary solutions,including perfecting the theoretical standards defined by various constitutive elements under administrative authorization. Making and introducing administrative licensing law or making the relevant provisions in the chapter on the administrative authorization, modifying the law conflict, especially the procedural law of administrative authorization; Through the promulgation of judicial interpretation and guidance cases to ensure the unity of the judiciary.