Improve The China's Appraisal System For Administrative Permission

Appraisal of administrative permission in China has a very important position, it related to many aspects of social life. "The People's Republic of China Administrative Permission Law" comes into operation since July 1, 2004 required the authorities of setting and implementing for administrative permission appraisal the administrative permission. Appraisal system for the administrative permission means that when the administrative permission has been implemented period of time, the subject which have the right to appraisal the administrative permission should appraisal the legality, rationality of the administrative permission to determine whether to amend or repeal the administrative permission. It can be said that appraisal system for the administrative permission is the creature of the ages; it is the inexorable requirements for build the legal state and the society with rule of law. The creation and implementation of this system have great significance, it can make the legislative decision more scientific and democratic, improve the quality of legislation, and make the public participation in the legislative and supervise legislation , promote the political participation more orderly.Whether to continue to implement the administrative permission depends on the results of comprehensive appraisal. Through the appraisal, the administrative permission which has no need to continue to implement should be cancel. However, the administrative permission appraisal is a ground-breaking new work, lack of practical experience, and had little theoretical support. At present, there is little theory of the appraisal system for the administrative permission; this system is only a general concept. Our country should be established a perfect system for the administrative permission appraisal, which can operability to ensure the administrative permission system development healthily.In this paper, we make an intensive study of the appraisal of administrative permission and the construction of the entire appraisal system; analyze the subject, content, methods, procedures, standards and other aspects of the system. The existing legal system has many defects in appraisal system of administrative permission, such as lack of work standards of the setting organs, imperfect of the appraisal process. After conducting a comparative analysis, we put forward an appraisal system for administrative permission, specifying how to clear the subject of the appraisal of administrative permission, refining the content of the appraisal of administrative permission, reform the method of the appraisal of administrative permission, standardized the procedures of the appraisal of administrative permission, improve the standards of the appraisal of administrative permission. The construction of this system is the requirements of implementation the appraisal system for the administrative permission, is an important way to make the legislative decision more scientific and democratic and to improve the quality of legislation.