Study On The Legalization Of The Main Body Of Administrative Examination And Approval Reform

"Administrative examination and approval bureau",as one of the practice models of relatively centralized administrative licensing power,has changed the original administrative examination and approval power allocation and operation system,eliminated the original disadvantages of the government service center model,and effectively achieved the goal of gathering from the platform to the substantive management,from one-sided procedure to the entity's power and responsibility,from the circulation outside the system to the circulation within the system,and in the whole country it has a wide range of influences.Combined with the practice of all over China,the mode of "administrative examination and approval bureau" shows its unique value and function in the process of operation,but there are also many disadvantages.The main purpose of this paper is to make a comprehensive analysis about the pattern of "administrative examination and approval bureau" from the practical experience,and focus on the existing problems,and give specific suggestions to ensure its long-term and effective operation.As the main body to exercise the power of administrative examination and approval,the administrative examination and approval Bureau has the independent qualification of administrative main body.It is a government department that can independently exercise its authority and bear the administrative responsibility.It is different from the administrative service center,is not a government agency,not to mention an institution.Generally speaking,national governance system is a series of systems and procedures to regulate the operation of social power and maintain public order,including a series of systems and procedures to regulate administrative behavior,market behavior and social behavior.The value of the "administrative examination and approval bureau" model in the national governance system is mainly reflected in the establishment and improvement of the power and responsibility system,the standardization of administrative examination and approval behavior,the standardization of government workflow,the clarification of the relationship between the government,market and society,the maximum decentralization of power between the grass-roots government and market,and the improvement of the government management system.The function of the administrative examination and approval bureau is based on its role as the administrative subject,because it is controlled by the administrative law,and therefore it should be able to show the functions of the administrative law,such as power control,regulate,balance,as well as the newfunctions of promoting social wealth and protecting ecological environment under the background of the new era.The operation mechanism of the administrative examination and approval has its unique advantages,but we should pay more attention to its disadvantages in the operation process,and give effective suggestions to ensure the normal,standardized and sustainable operation of the "administrative examination and approval bureau" mode.For example,the standards for the implementation of centralized licensing are not uniform.We believes that the way to distinguish formal review and substantive review,and to distinguish different industries and fields is clear;for the problems such as the boundary of "separation of audit and management" is difficult to control,and the original organs do not cooperate passively,the administrative jurisdiction system should be established,the administrative assistance system should be improved,and the administrative dispute settlement system should be established;For how to supervise the administrative examination and approval bureau to exercise its power and improve the relief way of administrative counterpart,we can enrich the supervision subject,send the personnel of discipline inspection and supervision department to the administrative examination and approval Bureau,strengthen the supervision of public opinion,try to establish the provincial administrative examination and approval Bureau,realize the effective connection with the administrative litigation system,and realize the three relief systems of administrative reconsideration,administrative litigation and administrative compensation Solve it in a coordinated way.