Research On The Supervision Issues During And After The Event Of Railway Administrative Licensing Matters

The regulations on optimizing business environment,which came into effect in 2020,clearly pointed out that the optimization of business environment must strengthen the supervision of administrative licensing in the process and after the event,and innovate the supervision mode.The current situation of emphasizing licensing and neglecting supervision should be changed into a new mode of lenient licensing and strict supervision.In recent years,the State Council has been constantly exploring the transformation of government functions,accelerating the pace of comprehensively deepening reform,further optimizing the business environment,stimulating the internal driving force of the market,balancing the relationship between market mediation and macro-control,and strengthening the supervision of administrative licensing matters during and after the event has become the focus of the next work of the administrative organs.In the aspect of railway administrative licensing,the State Council has also made many adjustments to the licensing matters,greatly reducing the railway administrative licensing matters.At present,there are only 6 administrative licensing items under the name of the State Railway Administration,and another 2 items are temporarily listed in the state railway administration.According to the requirements of "deregulation,management and service" reform,the government should not only relax market access,but also enhance the standardization,effectiveness and sustainability of supervision during and after the event,so as to realize all-round supervision.Based on the actual case as the starting point,combined with the policy and law,this paper focuses on the field of supervision in and after the railway administrative licensing.In this paper,we will define the "supervision during and after the event" of administrative license,analyze the basic theory,and on this basis,explore the current situation of supervision during and after the event of China’s railway administrative license,and study the problems from five aspects: the subject,procedure,object,responsibility distribution and law enforcement of supervision during and after the event of railway administrative license,The main performance is as follows: first,from the analysis of laws and regulations and practice,the functions of supervision subject are overlapping,and the boundary of discretion is fuzzy,resulting in the right expansion of some administrative organs in the process of law enforcement;Secondly,in the aspect of supervision procedure during and after the event,the regulation of supervision procedure in laws and regulations is vague,and the information disclosure in the process of supervision during and after the event is lack of transparency;Third,the scope of administrative permission object is not clear in the aspect of supervision object during and after the event;The fourth is the distribution of supervision responsibility during and after the event.From the current laws and regulations,it can be seen that the legal accountability of the regulatory authorities and the licensees is unreasonable.In addition,the imputation of supervision responsibility after the event of railway licensing is weak for the construction of the linkage mechanism between administrative law enforcement and criminal justice,and there is often weak supervision for criminal acts violating the criminal law;Fifthly,in the aspect of supervision and law enforcement during and after the event,there is a single way of supervision and law enforcement.Due to the information advantage of the party obtaining the administrative license,the licensee often violates the law and evades the supervision,and the routine inspection often fails,which makes the supervision mere formality.In view of the existing problems and reasons,according to the spirit of laws and regulations and policy documents,this paper puts forward corresponding countermeasures to optimize and improve the supervision mechanism during and after the event.To be specific,this paper thinks that we should improve the subject,procedure,spot check system,accountability and law enforcement.It proposes to standardize the authority of supervision subject,standardize the procedure and legal norms,strengthen the scope of supervision object,improve the accountability system of supervision during and after the event,construct the supervision and law enforcement system during and after the event,and implement the railway administrative licensing matters into the whole process of railway supervision,Improve the diversified,dynamic,comprehensive and whole process supervision mode.