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Inform The Commitment System Of Challenges And Legal Response To The Order Of Administrative License

Posted on:2024-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2556307145457314Subject:legal
Abstract/Summary:PDF Full Text Request
The administrative license informing the commitment system has relaxed market access and released economic vitality through the transformation of traditional license procedures,and conforms to the current trend of reform of government functions and optimizing the business environment.But at the same time,the system also brought a huge impact and challenge to the Administrative License Law.Although the academic community put forward many concepts to the laws to inform the commitment system,none of them gave clear legislative suggestions.This article aims to analyze the impact of the system of the theoretical basis and operating mechanism of the promise system and operating mechanism.Legislative countermeasures.Part of this article contains the following four chapters:The first chapter is to inform the basic theory of the commitment system,which analyzes its basic connotation,development stage,and legal attributes,respectively.The promise system is the innovation and change of the implementation of administrative license implementation,and it has generally experienced three stages: local experiments,central recognition and steady promotion.Regarding its legal attributes,with the theory of administrative process as the theoretical basis,the promise system can be divided into three stages: advanced,in the event,and afterwards.Sanctions.The second chapter is to analyze the inherent mechanism of the promise system.Different from the traditional administrative license method,first of all,on the basis of operation,the promise system is based on the credit commitment of administrative counterparts.If the counterparts commitment is not true,it will seriously affect the performance of the system effect.Secondly,in the core of operation,the review and supervision after the incident is the core.The promise system is the process reenginer of the original license procedure,which is concentrated as the rear of the center of gravity.Finally,in terms of operating concepts,the value pursuit is efficient and convenient,improving administrative efficiency.Informing the commitment system,on the one hand,to promote the efficient and convenient administrative license applicants,on the other hand,it improves the administrative effectiveness of the administrative organs.The third chapter is to discuss the impact and challenge of the promise system on the existing administrative license order.In the concept of governance,the promise system reflects the conflict between the service government and the traditional law enforcement concept,violates the administrative purpose of controlling and protecting the public interest.In principles of value,the principle of administrative efficiency embodied by the commitment system has impacted the security value of the law.In addition,it has also made breakthroughs in the legal authority,legal reservation,and proportion principles of administrative license law.In terms of physical rules,informing the commitment system’s breakthrough in the original review procedure is the most prominent manifestation,and there is also a lack of third-party interest protection.The fourth chapter is about how to modify the "Administrative License Law" to cope with the promise system.Modifying the "Administrative License Law" is the time requirements for optimizing the business environment and the construction of a digital government,an objective requirement for major reforms in the law,and the inherent requirements for realizing the unity of the legal system.Regarding the legal construction of the promise system,in the internal relationship,it is necessary to ensure that the promise system is harmoniously nested in the implementation procedure of administrative licenses.In terms of external relations,it is necessary to deal with question.On this basis,simple procedures can be set up in the Administrative Licensing Law to determine the applicable boundary of the promise system,strengthen public hearing,improve legal responsibilities,strengthen credit supervision,and implement digital governance.
Keywords/Search Tags:Administrative License, Notification commitment system, Optimize the business environment, Credit supervision, Administrative Simple Program
PDF Full Text Request
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