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Research On The Relative Centralized Power Of Traffic Administractive Licensing System

Posted on:2019-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2416330566959320Subject:Constitution and Administrative Law
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The system of "relative centralized administrative permission" is an important administrative system established in the form of national laws with the promulgation and implementation of the Administrative Licensing Law of the People's Republic of China(hereinafter referred to as the Administrative Licensing Law).The system was established with high expectations at the beginning.It was set up to promote the reform of the local government's administrative examination and approval system through central leadership and reserve space for the system.However,more than a decade has passed,the system has not received a positive response from local governments,and the implementation of the system is rare.What is the future development direction of an administrative system that has been endowed with "guiding the reform and development direction of the administrative examination and approval system" ? Why does this happen? It really deserves our attention and research.The core of the relative centralized power of administrative license is "an administrative organ exercising the administrative license right of the relevant administrative organ".In essence,it is the reconstruction of the administrative licensing power and the resetting of the administrative permission power,and the procedure of relative centralized administrative permission is "approved by the State Council," and is decided by the provincial people's governments.The system of "relative centralization of administrative permission is a new comprehensive measure for implementing the reform of administrative examination and approval.The essence is to build a new administrative system,which will make the reform of the administrative examination and approval system to a higher stage.Transportation industry is the basic industry of the country,involving many aspects of public safety,resource allocation,social order and so on,belonging to a more regulated industry.Most of the items of traffic administrative license are related to safety,such as permission for foreign vessels involved in national security to enter non-open waters.Some are related to public safety,ecological environment protection and direct relationship between the personal health,life and property safety,such as permission to after occupying,digging or relocate highway,additional horizontal intersection permits for highways,permission for ships to enter or cross the no-navigation area,operation permits for preventing ships from polluting the waters of port areas,and permission to operate the mining and blasting activities in ports and so on.Transportation is also a productive industry,and it is also involved in the distribution ofpublic resources.The permits in this respect mainly include road passenger line permits and taxi operating rights,permit for the construction of port facilities in the port master planning area and use of the port deep water line,permit for the construction of port facilities in the port master planning area,use of the port non-deep water shore line license for port facilities in the port master planning area and so on.As a public services industries,it is necessary to establish and perfect the qualification system of traffic personnel and transportation enterprises for traffic and transportation to ensure the orderly development of the transportation industry.Some qualifications are established in current traffic laws and regulations,such as permits for road freight drivers,road dangerous goods transport,handling and escort personnel,taxi passenger transport drivers' qualifications,motor vehicle driver training theory for teaching personnel qualifications,Qualification for motor vehicle driving training operators,certificates of competency for crew members,certificates of competency for ship surveyors,permits for crew members involved in the transport of dangerous goods by waterway and personnel for handling and so on.With the development of the times and the breakthrough of high and new technology,modern traffic,such as highway,railway,aviation and so on,has been widely infiltrated into all aspects of people's life.However,in traffic planning permission,construction permit,there still exists the phenomenon of overlapping power and unclear boundary in many aspects.This paper summarizes the relevant theories of administrative license and "relative centralized administrative permission",and chooses "traffic" as the research sample.In this paper,the author makes an analysis of the related problems in the field of traffic administrative license by comprehensive use of cultural meaning research and empirical research methods,and puts forward the implementation principles of the system of relatively centralized traffic administrative license.According to the traffic administrative license,combined with the current system of traffic administrative examination and approval,this paper puts forward a proposal for the implementation of the system of "relatively centralized traffic administrative permission",and clarifies the relevant supporting measures in order to promote the preliminary realization of this system in the field of transportation.
Keywords/Search Tags:administrative license, relative centralized administrative license, traffic administrative license
PDF Full Text Request
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