Comparative Study On The Administrative Licensing System

The administrative licensing has already emerged in ancient China. But the modern sense of the administrative licensing in China is formed in the early twentieth century. It is a useful method for the government to manage economy and society, and make a positive role to the stability of society and the development of economy. Under the planned economy system, our administrative licensing involves and greatly impacts many aspects of the society. In the process of transition from planned economy to market economy, administrative license and social development must continue to improve and develop their own according to the needs of economic,so that could make better performance in allocation of resources,compensating for market failure and maintenance of public order. But of our state system, the traditional concept of the administration, institutions, and other reasons to make the administrative licensing system in the implementation process out a lot of questions. Administrative licensing scope too broad, administrative organ to exercise outside the purview of the administrative license; administrative licensing procedures for the lack of uniform specifications and information disclosure; some government departments who abuse their power for personal gain; re-licensing of the executive authorities, light regulation, separation of powers and responsibilities, follow-up inadequate supervision of the market;"the Administrative Licensing Law" difficulties in the implementation process.For the above problems, at the beginning, this paper describes the connotation of an administrative license and do the detailed discussion of the nature of the administrative licensing system, divide the administrative licensing functions into three:to prevent dangerous; the rational allocation of resources; to provide credibility to prove. Then the paper discuses in detail the differences of the emergence and development of the administrative licensing system between China and the United States in the field like authority, scope, procedures, supervision and management mechanism and the reform of the administrative licensing systems. We can sum up the similarities and differences between the Sino-US administrative licensing system, as well as the administrative licensing system inadequacies, and analyze the reasons for the study. On similarities and differences of the Sino-US administrative licensing systems to identify the revelation of China’s administrative licensing system, can provide some suggestions to further improve our administrative licensing system.In general, the administrative licensing system to improve the revelation of the administrative licensing system can be summarized as the following five points:embodies the spirit of service, focusing on a process of mutual reshape the administrative culture of service; complete legal protection; become independent management; vigorously the development of intermediary organizations; to strengthen the scientific planning and decision-making of the license. These to the American experience is that we can learn and learn from, so in the end on the basis of practice, combined with the experience of the United States and China, proposed the idea for the improvement of the administrative licensing system..