Comparative Study On The Reform Of Judicial Administrative Examination And Approval System In 13 Provinces And Cities

Administration reform is of great significance in promoting the cause of all reform.Administrative examination is the breakthrough of government transformation functions,as well as the major of administrative system reform.In the era of China's planned economy in the 1950s,the administrative examination and approval system has played an important role serving as a vital means of administration.In 2001,the reform of the administrative examination and approval system was started in China with the approval of the state council's notice on the implementation of the reform of the administrative examination and approval system(Guofa[2001]no.33).The national judicial administrative examination and approval system reform,through adjusting the examination and approval authority,set up a list of power system,the construction of government affairs hall,launched the network examination and approval,the compression time limit for examination and approval,processed more concise,clear,specific for examination and approval authority,which makes the management more convenient.Questions such as consistent with the examination and approval of judicial administration in all provinces,classification of the approval items,the reasonable proportion of the term of commitment,the legal and reasonable principle of streamlining the approval materials are cared immensely,being as a practitioner of judicial administrative examination and approval reform.Based on the a series of the problems,this paper has a comparative study of Beijing city,Liaoning,Heilongjiang,Fujian,Jiangxi,Shandong,Henan,Hubei,Yunnan,Shaanxi,Guangdong,Shanghai,Zhejiang province of the judicial administrative examination and approval respectively.Selecting background and general situation as the breakthrough point,keeping contrast,and variance analysis of 13 provinces and cities of the judicial administrative examination and approval items,the paper puts forward enlightenment and suggestions on the reform of the judicial system of administrative examination and approval from four aspects,such as from the revision of substantive law and issues"administrative procedural law" as soon as possible,strengthens inter-department communication and coordination and the building of e-govenment platform,clear from setting the period for acceptance.The paper is divided into three parts.Part ?,it expounds the background and general situation of the reform of judicial administrative examination and approval system in 13 provinces and cities.From the concept of judicial administrative examination and approval system,it discusses the judicial reform of the administrative examination and approval system to carry out "legal,reasonable and efficiency,responsibility,supervision" principle,and takes“cancel pre-approval of examination and approval matters and no legal basis,the adjustment of administrative examination and approval authority”.It also sets up power list,the construction of government affairs hall" reform measures,such as establishing "small government,big society,good market" socialism with Chinese characteristics of the administrative examination and approval of the model.Part ?,it takes the comparison and analysis of 13 provinces and cities of the judicial administrative examination and approval matters,from the practice,academia,law origin,etc.,and discusses the cancellation of classes,the arbitration committee shall establish a registration,public law,corporate law,legal aid lawyers classification issues such as the basis.Besides,it analyzes two notarized the basis of a kind of examination and approval matters for internal examination and approval items,discusses the laws and regulations of streamline and increases the filing materials according to the lack of reason,it is pointed out that the differences of the period for acceptance,and the defects of the network examination and approval are covered in detail.Part ?,suggestions are given for reform the judicial administrative examination and approval system.First,suggestions are put forward in light of successful reform of the United States and Japan,for the"Lawyers law",the "administrative procedural law"and other aspects,this paper detailed classification,the examination and approval matters in the process,links,deadline,etc.,forming a unified standard of administrative examination and approval,from the source to reduce costs in the process of reform.Second,we should strengthen communication and coordination among different departments,communicate with each other in a horizontal and vertical manner,and ensure the consistency of reform.Third,we should strengthen the construction of e-government platform,draw on the experience of e-government construction in Singapore,and promote the development of "Internet + government service" in China.Fourth,we explicitly set the period for acceptance,it is suggested that the period for acceptance should base on the opinions of the employees,the public,and if necessary,experts' argumentation and administrative authority will be closely followed.Eventually,the head of the collective discussion will come into effect which is signed by the chief executive,and adheres to the "control within the legal time limit of more than half of the"proportion of reasonable range.