Research On The Follow-up Supervision Mechanism Of Administrative Licensing

As an important administrative management tool,administrative licensing plays an important role in safeguarding public interests and rationally allocating resources.It must be equipped with a comprehensive safeguard mechanism.With the rapid development of social economy and the deepening of the reform of the administrative examination and approval system,the complexity and professionalism of administrative licensing matters have gradually increased,and the reform focus has gradually shifted to follow-up supervision.However,due to the influence of traditional regulatory concepts,the phenomenon of “pay attention to licensing while ignoring supervision” or “only licensed,not regulated” is still widespread.The existing legal norms and regulatory measures can no longer meet the actual needs,and the follow-up supervision of administrative licenses cannot play a guarantee role.Based on the status of follow-up supervision of administrative licenses,this paper analyzes the problems encountered in actual operation.This paper attempts to use Governance and Responsive regulation in the context of the government's rule of law to construct a follow-up regulatory mechanism for administrative licensing with clear regulatory procedures,scientific and diverse regulatory tools,and clear legal responsibilities.This article has four parts,the main contents are as follows:The first part describes the basic theory of follow-up supervision of administrative licenses.First of all,this paper is based on the concept of follow-up supervision of administrative licensing.It analysis of factors such as regulatory bodies,targets,tools,procedures,and legal responsibilities,grasps the basic connotation of the follow-up supervision mechanism of administrative licensing.Secondly,it analyzes the necessity of constructing follow-up supervision mechanisms from the perspectives of individuals,administrative agencies,society and the state.Finally,The Theory of Government under Law is used as the theoretical framework of the follow-up supervision mechanism,and Governance and Responsive regulation are used to guide the follow-up supervision mechanism.The second part describes the current status of the follow-up regulatory mechanism for administrative licensing.This paper sorts out the provisions of the Administrative Licensing Law and other legal norms on the follow-up regulatory mechanism for administrative licensing,concludes that the follow-up regulatory mechanism has the characteristics ofgeneral legislation and poor operation.In addition,according to the new problems and ideas of the administrative examination and approval system reform,the development experience of the follow-up supervision mechanism of the administrative license is summarized.The third part mainly summarizes the problems existing in the four levels of legislation,supervision subject,supervision means and legal responsibility of the administrative licensing follow-up supervision mechanism.The main problem is the lack of supervision procedures and legal liability legislation;the overlapping of supervisory responsibilities and inadequate supervision capabilities;the regulatory measures need to be optimized;the regulatory responsibilities are unknown.In the fourth part,based on Governance and Responsive regulation,this paper puts forward some suggestions for the existing problems.At the legislative level,this paper draws on the experience of local legislation and practices,stipulates the various elements in detail,and formulates legal norms that can be applied uniformly throughout the country.At the supervisory level,The first is to implement the power and responsibility list to clarify the supervisory responsibilities,and the second is to establish an administrative license supervision information sharing platform,and improve the off-site copying system to achieve effective communication between administrative agencies.At the level of regulatory measures,this paper optimizes existing regulatory tools,implements credit supervision,and introduces third-party professional institutions to participate in supervision.At the level of legal responsibility,on the one hand,this article draws on the experience of “sunshine approval”and clarifies the supervisory responsibility of the administrative organs.On the other hand,this article introduces disciplinary punishment,develops a hierarchical supervision strategy.Finally,this paper optimizes the off-site copying system,enhances the responsiveness of the administrative agencies,and regulates industry associations to broaden the channels for public participation in the follow-up supervision of administrative licenses.