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Study On The Legal Problems Of Administrative Permission Information Disclosure

Posted on:2018-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:C J LiuFull Text:PDF
GTID:2346330512990311Subject:legal
Abstract/Summary:PDF Full Text Request
Administrative license information disclosure is related to the establishment of administrative licensing activities, implementation and supervision of information published outside the act. Information disclosure will help the general public to have a large number of administrative examination and approval of the administrative organs of effective supervision, to avoid black box operation, misappropriating transactions,and then eradicate the hotbed of corruption. On the other hand,the construction of a service-oriented government and a government of the rule of law also needs to create an open and transparent governnment environment, which has an intrinsic value fit with the administrative license information disclosure. The administrative license shall be made public, and the conditions, basis, number, procedure, duration, results of implementation and supervision and inspection information shall be made public. Whether it is by authority or by application, people know the license information is the administrative license in the framework of the rule of law in a normal and orderly manner. In order to standardize the open process of permit information and to protect the right to know the information of citizens, Administrative Licensing Law, Government Information Publicity Ordinance have been introduced,open government has received unprecedented attention. But at the same time confined to the legislative technical flaws,the above information disclosure of the legislative norms there are still many deficiencies: administrative licensing process information is unclear, supervision and inspection of information disclosure and information disclosure and supervision and relief mechanism is not perfect and other issues There are serious constraints on the disclosure of information disclosure effectiveness.On the basis of the collection and integration of the existing theoretical achievements of domestic scholars, this paper compares the foreign legislation and practical experience, and defines the administrative license information as the relevant administrative license in the broad sense from the perspective of administrative license information. The implementation and supervision of information; break through the past in accordance with the Government Information Disclosure Ordinance Article 2 will only be limited to the administrative organs in the process of production or access to.and in a certain form of preservation,record the traditional knowledge of the information The In view of the problems exposed in the field of information disclosure practice, first of all, from the administrative licensing approval process, the process of the relevant administrative information generated strictly divided into procedural and factual information and differentiated treatment, to measure whether to be made public.On this basis, the author puts forward the feasibility suggestion of restricting the discretion of the administrative organ through legislative means. Secondly, in order to strengthen the administrative intensity and depth of the administrative license supervision information, we focus on the construction of the normative and effective direction of the public, supplemented by the permission of the license holder to explore the information disclosure mechanism. At the same time, in order to expand the scope of application of the hearing,widen the form of hearing as the main path to improve the administrative licensing system, highlighting its positive role in the work of licensing information open. Finally, the so-called no relief has no right, to strengthen the administrative licensing information disclosure of multi-party supervision and judicial relief on the improvement of the implementation of the implementation of significant significance.
Keywords/Search Tags:Administrative license supervision, Information disclosure, Aright to know, Administrative license, Administrative hearing
PDF Full Text Request
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