Research On The Practice Dilemma And Improvement Path Of Administrative License Notification Commitment System

Under the current reform background of "delegating power,delegating control and providing services" and "optimizing the business environment",the notification and commitment system has been increasingly widely used.In terms of its nature,told the commitment system through the traditional administrative licensing process,greatly reduce the entry threshold of the market main body and cost burden,market main body only make a commitment,can formulate the relevant qualifications,and the risk control of administrative task to credit regulation as the core of the regulatory mechanism to undertake.The notification and commitment system is favored by administrative organs and their counterparts for its high efficiency and convenience.Among them,the introduction of the Regulations on Optimizing the Business Environment has elevated the notification and commitment system to macro guidance.However,in the process of inform the promotion of commitment system,the central and provinces and cities issued normative documents to inform the commitment system is not clear,subsequent regulations of the optimization of the business environment is not to inform the concept of commitment system,nature,scope of application to make the most basic summary,only briefly told the commitment system.As a new way of licensing,the notification commitment system has the obvious characteristics of "first trial",so the central government gave the authority to delimit the scope of licensing matters to the local governments,and did not set the corresponding discretion benchmark.As a result,local governments at all levels have a large discretionary space for licensing matters involving "public safety","citizen health","environmental resource protection" and other fields.On this basis,the application scope of the notification commitment system has been further expanded.Need to be vigilant,however,told the commitment system in specific areas especially in the field of risk,often ignore the maturity and bearing capacity of the factor,not from the perspective of administrative process to understand,told the commitment system and the interaction between regulatory mechanism,especially in the event supervision mechanism is not enough to prevent risk,inform commitment system need to be cautious.Tell commitment system is to a certain extent,improve the administrative efficiency,stimulate the market main body,but its relatively low rule of law elements still brings a lot of uncertain legal risk,but also produced the value conflict with other public law principles,so how to properly handle the relationship between efficiency and safety,innovation and legitimacy,has become the current research issues.