Research On The Legal Regulation Of Administrative License Informing Commitment

The regulations on optimizing the business environment issued by the State Council in 2019 takes notification commitment as one of the main means of administrative examination and approval reform,and notification commitment has aroused heated discussion.Notification commitment is not a new creation.In 2001,Pudong New Area of Shanghai took the lead in the application of notification commitment in the field of administrative license.Over the past 20 years,the system has local practical experience,and the scope of application in the field of administrative license is expanding.However,due to the lack of direct provisions of the administrative licensing law,relevant legislation is mostly found in normative documents with low legal level.The system is questioned about its legitimacy and rationality,such as lack of legal basis and too broad scope of application.The major reform must be based on the law.The notification commitment should not only be used as a policy measure,but also ensure its progress on the track of legalization and apply the theory of rule of law to regulate and analyze it.The first part of this paper defines the concept and theoretical basis of notification commitment.The notification commitment is not only composed of the notification of the administrative organ and the commitment of the applicant,but also the supervision during and after the event is an important part of the system.The service-oriented government,the reform of simplification and decentralization and the construction of trust resources are the theoretical endorsement of the system.The second part discusses the legal attribute of notification commitment.The method of administrative process theory is used to analyze the notification commitment in stages.The links of notification,commitment,formal review and review supervision are not original.Notification and commitment are the reinforcement of the original obligations.The links of formal review and supervision already exist in the administrative license law.Therefore,notification commitment is essentially a new administrative work mode first established by the local government and applicable in the field of administrative license.The third part analyzes the current practice status and problems of notification commitment,including the current situation of legislation and the problems existing in specific application.In addition to the lack of legal basis,the promotion and application of notification commitment in the fields of fire control and environmental assessment in recent years has issued questions of abuse and damage to public interests.In addition,the weak supervision measures during and after the event,the failure to strictly implement the supervision power and the damage to the rights and interests of the third party are all the difficult and miscellaneous diseases encountered in the practice of informing commitment;The fourth part puts forward some suggestions on Legalization according to the problems in the current situation.In order to make the notification commitment move forward on the track of legalization,its positioning must be clarified.The notification commitment is an intermediate transitional measure for the transition from administrative licensing matters to filing management.It is a temporary means,which should be temporary and should not be used for a long time.In terms of the scope of application of notification commitment,we should first clarify the applicable principles,which should adhere to the licensing matters directly related to public security,should not apply notification commitment,and the principle of proportion can be used in the measurement of individual cases.Secondly,the licensing matters are classified and examined,and most of the market entry administrative licenses can be applied;The administrative license for hazard control shall be based on the principle of general exclusion,and the approval items with low risk and controllable risk shall be applied with great caution;Resource allocation administrative license basically excludes the application of notification commitment.In addition,we should strengthen the supervision ability of administrative organs,achieve the effective connection between supervision during and after the event and notification commitment,and establish and improve the credit system to ensure the implementation of notification commitment.In order to ensure that the notification commitment is on the track of legalization,it is suggested to amend and improve the regulations on optimizing the business environment in order to give play to the general role of the superior law.