Research On The Administrative Licensing Bureau

Article 25 of the Administrative Licensing Law has established an important system——relative centralized power of administrative licensing.The Legislative Affairs Office of the State Council issued the Notice on the Pilot Work Program for Relatively Centralized Administrative Licensing in 2015 to fulfill the system.Seven provinces were piloted as pilot areas to work on relative centralized administrative licensing.Since 2015,many provinces have started to reform administrative licenses,centralized the power of approval,established an administrative licensing bureau,and practiced the principle of Comprehensive Licensing and One Seal for All licensing.Before the implementation of the Pilot Work Program,China has already carried out administrative licensing reforms,and established administrative service centers in various provinces,which is aiming at one-stop licensing applications,and the administrative service center has set up a unified window to accept applications for licensing and delivery.This model avoids the applicant’s back and forth between different departments,greatly improving the efficiency of approval.However,the administrative service center does not have centralized licensing authority.The administrative service center is essentially equivalent to a receiving center set up by the government.The government’s service model has not been substantially improved.However,the settlement of the administrative licensing bureau effectively solved the limitations of the administrative service center,because the administrative licensing bureau is a new administrative body established by the government,and it centralized the approval power scattered in different administrative organs.The administrative licensing bureau model has realized the optimization of administrative resources and has been highly praised by the central government.Therefore,pilot reforms have been gradually carried out nationwide.With the advancement of the pilot work,more and more regions began to establish an administrative licensing bureau to centrally handle administrative licenses.However,as a new product of reform,the Administrative Licensing Bureau has encountered some difficulties and challenges in practice:the legality of the establishment and the“trial separation”model have been questioned,the scope of centralized licensing power is lack of scientific reasons,there are obstacles in the docking work between the bureau and other administrative agencies in the horizontal and vertical structure,and the imperfect supervision mechanism,which is not conducive to protecting the legitimate rights and interests of the administrative counterparts,and the lack of professional quality of the work team.From the perspective of administrative law theory,the author studies that is legal to establish the bureau and the mode of separation,but it is also necessary to improve the relevant administrative organization legislation.Furthermore,the author suggests to copy the practice of administrative penalties to determine the scope of centralized licensing rights of the bureau;then,the author suggests to establish a unified docking mechanism to improve the efficiency;then,it is necessary to clarify the subject of administrative review;finally,the construction of the work team of the bureau needs to be strengthened.Only when problems are found and solved in the pilot work,the administrative licensing bureau model can be developed more scientifically and steadily,and mature experience can be promoted nationwide.