Research On The Present Situation And Perfection Of Negative List Management

Administrative license system is widely used in the management of the economy and society.It is a kind of antecedent supervision for an administrative counterpart to obtain a qualification by which he can engage in a certain activity.The purpose of Negative List management is to clear responsibility of government and deepen the reform of administrative license system because administrative license system had existed abuses for quite some time.Negative List management has the functions to regulate the execution of administrative permission right and to force administrative organs to change the concept of their confirmed administrative idea.Since China implemented Negative List management in 2013 FTA,all over the country tried to apply Negative List management in all kinds of administrative license reform.But judging from the practice of Negative List management,it still exist many problems,such as uneven established negative lists,obstacles of promoting Negative List management and not achieving expectation effects.China has promised that Negative List management will be implemented in the whole nation in 2018.However,Negative List management has not worked out a"broad road".And,if the problems and difficulties of Negative List management can'not be improved before it is extended to the whole country,the promotion only will get half the result and twice the effort.This will not only be adverse to reformation of administrative license system,but also damage to the construction of market economy of socialism.This paper is divided into four parts.The first part is the general theory of Negative List,which discusses the legal basis of Negative List,international origin and development in China.The second part is about the effect of Negative List on the reform of administrative license system.First of all,through clarifying the historical changes of the reform of administrative license system,probing that Negative List management follows the development of the reformation.Then,the paper analyzes the problem in the reformation and states why our country needs use Negative List management to break out of the reformation plight.Finally,the paper illustrates the effect of the Negative List management on the reformation.The third part is the interpretation and analysis of the sample and existing problems,mainly from the following.two aspects.The first aspect is to analyze the problem of Negative List itself in content,formulation and proceedings.The second aspect is to discuss the difficulties encountered in the promotion process,mainly from the three aspects of hindering force,institutional voids and management risk.The last part is the advice on how to improve the Negative List management.The one is about Negative List itself.It need to improve its openness and content,regulate its procedures.The two is to improve supporting systems such as publishing a list of rights and responsibilities,providing perfect filling system and government supervision,establishing credit and information exchange platform,strengthening law enforcement linkage and mobilizing social participation.