Research On The Reform Of Relatively Centralized Administrative Licensing

China's administrative licensing system is highly related to economic and social development.From the planned economy to the market economy,license has always been an important means for the government to allocate resources.The relatively centralized administrative licensing derived from Article 25 of the Administrative Licensing Law,which aimed to solve the long-troubled issues of multiple,repeated license,and unclear responsibilities for review and management,and open the window for subsequent administrative reforms.However,Article 25 is a principle,and there are no explanations for the specific operating mechanism,institution setting and other issues,resulting in different understandings in various places,so different measures have been taken.Reforms in some regions have been given the title of the reform by some scholars,but in fact they do not meet the requirements.Therefore,it is necessary to analyze the legislative intent and practice from the perspective of administrative law.This article will analyze the current problems of the relatively centralized administrative licensing reform from three parts:The first part is the general introduction of the thesis,which analyzes the origination,connotation and necessity of reform.The reform studied in this paper mainly refers to the work marked by the establishment of the Administrative Approval Bureau in the pilot areas under the guidance of the State Council since 2015.In addition to improving efficiency and services,the main purpose of the reform is an attempt to break the inherent system of the integration of review and management and return administrative licensing to its original functions.The second part combines legislation and practice to analyze related systems.Although the definition of relatively centralized administrative licensing has always been controversial,it is not difficult to find the key.It lies in whether power is transferred.The clause of Administrative Licensing Law is relatively simple.Combining legislative materials and organization laws,it can be concluded that as long as procedures are followed,there is no legal problem in the reform itself.There are certain restrictions on the scope of application.For example,the central government and the exclusive jurisdiction currently have no reform practice.The third part starts with the reforms in the pilot areas,analyzes the current status of reform,and evaluates and summarizes them.The Administrative Licensing Bureau is the main mode of the current reform which promote further concentration and thorough reform.The main highlight of this reform is to promote the separation of license and supervision,which provides a foundation for the further reform of the administrative system.At present,there are two major problems.The first is the legal level.The legal status of the Administrative Licensing Bureau is not clear,which may lead to administrative crisis and shall be resolved through legislation.The second is the implementation of reform measures.The classical management system is reluctant to change,and reform measures may be interfered by the interests of the departments and the will of leadership,which will adversely affect the effectiveness and sustainability of the reform.From the perspective of the reform,shifting the focus of management before and after the event is more in line with the current requirements for developing a market economy and improving the business environment.The relatively centralized reform of administrative licensing is an important means to break the institutional constraints and achieve substantial changes.