The Analysis Of Limited General Permission Issues And The Research On The Regulatory Path From The Perspective Of The Principle Of Proportionality

The construction of the law-based government and the service-oriented government is indispensable for the effective restraint of the administrative organs' functions and powers.As a common manifestation of the legal relationship between the administrative organ and the administrative counterpart,the administrative licensing act analyzes and solves the problems arising from the license legislation to the license implementation process,which can help the administrative organs to exercise own management functions and protect the balance of rights and interests of administrative counterparty.In practice,limited general licenses represented by fixed-point slaughter licenses are wide and have an important impact on some fields such as food safety.The administrative organ imposes quantitative restrictions on some general licenses by enacting a limited amount of general license legislation.The limited general license is a severe restriction on the power of the license counterpart,and it is only reasonable when there is a significant imminent danger in the extremely important public interest such as the right to life.At present,China's limited general license is not only ambiguous in the legal provisions,but also has widespread abuse,and it violates the principle of proportionality for the basic rights of individuals.The Administrative License Law lacks a clear definition and constraint of legal nature in the behavior of the administrative organs setting the quantity limit on the general license.It is necessary to further improve the provisions and constraints of the Administrative License Law on the restrictions on the number of licenses,comprehensively clean up the limited general licenses that do not meet the requirements of the principle of proportionality,effectively restrain the administrative organs from setting a limit on ordinary licensing legislation and work to further protect the rights of administrative counterparts in order to look forward to the future construction and practice development of the administrative licensing system.