An Analysis Of The Case Of The Illegal Occupation Of Land By The Person In Charge Of Xiangping Company

The Administrative License Law of The People's Republic of China that was promulgated and implemented in 2004 has been unanimously highly anticipated.We look forward to a radical change in the complicated and time-consuming examination and approval process of administrative licensing.Due to the limitation of the administrative license itself,the Administrative Licensing Law cannot specify details for a large number of administrative licenses,but rather define fundamental regulations.Due to its fundamental nature,the Administrative License Law has become the "motive" for many administrative licenses to change their names.In practice,the executive authorities have great discretion,which drift far from the principle of fairness,openness and justice set by the Administrative Licensing Law.Some administrators determine punishments on the ground that the administrative licensing procedures are not perfect.Some even consider those cases are criminal cases instead of civil cases.These cases needs to be considered seriously.Taking the case of the illegal occupation of land by the person in charge of Xiangping Company as an example,it mainly involves the examination and approval of the land in the administrative license.The controversies of the case focus on three aspects: First,the legitimacy of the occupation of land by Xiangping Company;second,the legality of the construction of Xiangping Company;third,whether the person in charge of the Xiangping Company is a criminal case or not.After analyzing and discussing the conceptions and characteristics of the administrative licensing conditions,the setting of administrative license and the constitutional elements of illegal occupation of agricultural land,the following conclusions are drawn from the actual case: First,the "illegal" occupation of Xiangping Company is caused by the sudden change of administrative licensing.Second,the “illegal” construction by Xiangping Company is due to the inappropriate terms in the Administrative Licensing Law.Third,the behavior of the responsible person of Xiangping Company does not qualify for a criminal case.The "Xiangping case" reflects the inconsistencies in the current administrative licensing setting in our country,and inconsistencies in the examination and approval of the same issue at different levels of administrative agencies and administrative departments.These problems are not individual cases.They are common problemspresent in the transformation of China's economic and social development.Based on the analysis of the flaws in the setting of administrative licensing in the case,this article discusses problems in the administrative licensing,the ways that administrators handle administrative licensing,and the inappropriate settings of the Administrative Licensing.I have proposed a personal view on the design of our country's administrative licensing system in the hope of making contributions to establishing a trustworthy government,a happy and peaceful society,and a healthy and fair market.