Administrative License Notification Commitment System Research

Since the introduction of the notification commitment system in Shanghai in2001,it has been gradually applied in many cities and fields across the country.In particular,in recent years,local regulations,provincial government regulations,administrative normative documents have been issued in succession,making its development reached a climax in the near future.At the beginning of the system there were more scholars to study this new system.Lv Jian,Li Xiaomeng and other scholars believed that the system broke through the licensing law and the legislation law,so it lacked the legal basis.Luo Peng,Yuan Shuhong and other scholars believe that the system follows the principle of efficient and convenient licensing law and conforms to the trend of The Times in the reform of the administrative examination and approval system.In the 20 years of development,the notification commitment system has made great achievements.However,there is little research on the latest development stage of the system.It is undeniable that this system has achieved fruitful results,simplifying the licensing procedures,saving the time for the application,and improving the examination and approval efficiency,which has been recognized by the licensing applicants.But its system malpractice and problem also are exposed gradually in the practice.This system changed the previous examination and approval method,redistributed the legal responsibility between the administrative organ and the counterpart,and caused the academic circle to question its legitimacy.In addition,there are also problems such as different scope of application,inadequate follow-up supervision and difficulty in implementing the principle of due process.On the premise of positive attitude,the author takes the existing relevant laws and regulations as samples to study the practice and operation of this system and the problems exposed,and puts forward specific solutions.The text of this paper is composed of four parts.The first part introduces the development and origin of the notification commitment system.Combined with the background of The Times,the emergence of the system,the establishment of pilot,and finally to the nationwide implementation of the development process of the investigation and research,to answer the two questions why and how to develop.The second part introduces the connotation,legal attribute,system value and malpractice of the system.The traditional administrative law hermeneutics methodology is used to define the legal attribute of the notification commitment system,and the administrative process theory is used as an analytical tool to dynamically investigate the four process behaviors of notification,commitment,approval and supervision from a new research perspective.To find the basis for its legitimacy in the Administrative Licensing Law,in order to respond to the academic questions on its legitimacy.The third part,from the positive scope and exclusion scope of the two aspects of the current implementation of the normative analysis,in order to solve the application of the scope of regional and general provisions.The fourth part starts from the entity and procedure in the implementation process.This paper studies the effectiveness of the commitment in the "disclosure and commitment" stage and the limitation and rectification measures of the consequences of the violation of the commitment,and considers that the application of the restriction and rectification system without exception is reasonable and illegal when the applicant's actual situation is found to be inconsistent with the content of the commitment during the substantive review,and puts forward my own Suggestions.In the "decision and supervision" stage,the legal effect of the decision is affirmed and Suggestions for improving the existing supervision measures are put forward.Finally,concrete measures are put forward for the implementation of due process principle.