Research On The Procedural Regulation Of Follow-up Supervision Of Adminstrative Licence

Administrative licensing refers to the administrative organ in accordance with the application of the relative person,under certain conditions,to prohibit the release of individuals or organizations engaged in certain activities of administrative acts.People's Republic of China in 2003 introduced the "administrative licensing law"(hereinafter referred to as the "administrative licensing law")to adapt to China's national conditions,has very strong pertinence and operability,played an important role in standardizing administrative license in china.However,after the permission of the Licensee in the administrative practice,the phenomenon of illegal administrative license has occurred frequently,so it is an important task to strengthen the follow-up supervision of the administrative license.However,in the process of administrative license,administrative subject omission,arbitrary regulation,supervision and supervision of the exercise type formal problems,for the serious damage to the interests of the relative person.It is found that the main reason for the abuse of power in practice is that there is a dilemma in the current regulatory system.The effect of diversification and integration of substantive regulation regulatory agencies regulatory body and perfect the way of supervision and perfecting the supervision responsibility mechanism mainly is ineffective,improper information disclosure and inadequate public participation based construction procedure regulation is ignored,is the follow-up supervision of the main cause of lack of license.Therefore,it is necessary for us to follow the regulation of administrative procedure.The reason why the procedure can be the best choice for the regulation of the administrative license is to analyze the reasons for the follow-up supervision of the administrative license,the value of the procedure and the role of the procedure in the subsequent supervision.The follow-up supervision of the administrative license in the operation background,starting mode,discretion space and permit regulation has essential difference,this difference determines the value and significance of subsequent regulatory approval,decided the necessary follow-up supervision license.At the same time,the administrative procedure has the function of regulating and controlling the exercise of public power and protecting the legitimate rights and interests of the administrative counterpart.To implement the follow-up supervision of the administrative license,the administrative procedure is not only able to follow-up supervision of administrative licensing subject norms,can safeguard the offeree in subsequent regulatory approval in the legitimate rights and interests,at the same time,the procedure regulation of license supervision,has a positive significance to reveal the administrative license system value.Our analysis of the follow-up supervision of the administrative license procedure regulation legal system,we can find that,compared to the strong ink access supervision,namely "administrative licensing law" and other relevant laws and regulations permit the rules for follow-up supervision and regulation procedures of administrative license,and less abstract legal degree can follow-up supervision procedure regulation is not high.The above normative analysis provides a normative basis for strengthening the regulation of subsequent regulatory procedures.As the key to regulate the subsequent supervision of administrative license,the administrative procedure should be legalized and standardized by the way of legislation.For the way in which license regulation legislation,and there are three different views: one is to establish a unified "administrative procedural law" license and supervision procedures,two license requirements for follow-up supervision procedures in the departments of administrative legislation,three by modifying the "administrative licensing law" on the way to improve the content of the program permits the follow-up supervision.At present,the establishment of a unified administrative procedure law,the lack of practical basis,the Department of administrative legislation has the drawbacks of decentralization,it is difficult to grasp the whole,the provisions of the subsequent regulatory procedures permit.Then the third legislative model,that is,by amending the "administrative licensing law" to improve the subsequent regulatory procedures permit this approach can not only grasp the overall administrative licensing follow-up regulatory procedures,more realistic.Construction of the follow-up supervision of the administrative license procedure,must have the core elements,and other administrative procedures or not,will lose the value of.Based on the foregoing analysis of the article,in order to strengthen the supervision of information disclosure as the core of the license,in order to enhance the public participation in the subsequent approval of the regulatory assistance,should be taken as the focus of the construction of the follow-up regulatory procedures.On this basis,the paper constructs the general procedure,summary procedure and emergency procedure.