The Legal Qualitative Research Of Restricting Eligibility For A Permit

The traditional concept of disqualification penalty is usually defined as "revocation of license and license",which makes it more and more difficult to explain the executive branch practice of restricting the application of license without revocation.Articles 78 and 79 of the Law on Administrative Licensing clearly define the circumstances in which the application for licensing is restricted due to bad faith,but there are different opinions on the legal nature of this restriction in the theoretical and practical fields,there are even two opposing views in judicial decisions.The idea is that the executive branch's Integrity Profile of applicants with a bad record is intended to be shared among executive branch,not to the executive branch,and certainly not to the general public,it is a special kind of internal administrative action,which is limited to the specific internal use of the executive branch.The view has been expressed that this is an administrative measure and a specific administrative act,that the restriction of eligibility for permission is of a sanction nature and is an administrative penalty,and that it is denied as an administrative penalty,executive Branch says this is a negative assessment of the person.The primary purpose of the law is to put the behavior under the control of the standard.It is difficult to determine the standard without determining the type and legal attribute of a certain behavior,because different legal nature will apply different operating procedures in practice,distinguishing these viewpoints is not only of great significance in theory,but also involves the two-way connection between norm and practice.Therefore,this paper attempts to characterize the restrictive act of applying for permission,by analyzing the types of the restrictive act of applying for permission and the legislative reasons and system functions of restricting the eligibility of applying for permission,this paper discusses the dispute of the nature of the act in practice,and judges whether it belongs to the Specific Administrative Act and administrative punishment.Because the act of restricting the qualification of applying for permission is of sanction nature,it is a restriction to the right ability of the administrative counterpart,and it will cause damage to his expected interests,on thebasis of legal qualification,the basic thinking of regulating the act is considered,that is,the executive branch should follow the principle of legal priority and legal reservation when making the decision,and consider relevant factors.Since the legislation of this article does not reserve the scope of discretion,the executive branch shall take into account such factors as the seriousness of the illegal act,the subjective malicious degree of the parties illegal intent and the social harmfulness,etc.,in the discretion of the range of administrative penalties to achieve a similar penalty,in the relative act of bad faith is less illegal,has not yet caused harmful consequences,do not have to limit their eligibility to apply,the person against whom the claim is made is allowed to remedy it by submitting true material.In addition,the executive branch shall follow the strict procedures of the administrative punishment law,fulfill the obligation of informing,hear statements and arguments,and observe the time limitation of administrative punishment,and the court shall examine the legality in accordance with the standards of the administrative punishment law,so as to better protect the legitimate rights and interests of license applicants.