Research On The Necessity Standard In The Mechanism Of The Administrative License Evaluation

The evaluation mechanism of the administrative license is a system which is clearly formulated by the Administrative License Law.It evaluates the implementation of the administrative license that has been implemented to determine whether the administrative license should continue.The main criteria for evaluating administrative license include the legality standard,the rationality standard and the necessity standard.It is of great theoretical and practical significance to study the necessity standard in the administrative license evaluation system.On the one hand,the evaluation mechanism of the administrative license is still dormant although the Administrative License Law has been implemented for a period of time.The research on the necessity standard of the administrative license evaluation can play a certain role in guiding the practice of the evaluation mechanism of the administrative license.On the other hand,as the reform of the administrative license is getting more and more difficult,we should guard against the disguised increase of administrative license with the deepening of reform.The establishment and clarity of the necessity standard can modify and adjust the administrative license timely,by cleaning up the licenses that are not necessary.Such a long-term mechanism is conducive to consolidating the results of administrative examination and approval reform,saving administrative reform costs.This paper mainly discusses the principles,methods and main contents of the necessity standard.To evaluate the necessity of administrative license,first of all we need to follow the administrative auxiliary principle,the principle of benefits and the principle of balance of interests and other substantive principles.At the same time,we also need to adhere the principle of open procedures,improving public understanding of administrative licensing through public participation and justification,which can also improve administrative efficiency.The method of cost-benefit analysis is the main method of the evaluation of the necessity of administrative license,and the quantitative analysis method makes the evaluation result more intuitive and objective.Realistic necessity and legal necessity are the main evaluation contents of the necessity standard.Through comparing the effect of administrative license with other management methods,it is concluded whether the administrative license needs to be implemented.At the same time,the evaluation can be more comprehensive.