Study With Several Issues Of The Administrative Legislation&Enforcement

"Administrative Licensing Law of People’s Republic of China"(hereinafterreferred to as the "Administrative Licensing Law") is effective for the formalimplementation from July1,2004."Administrative Licensing Law" provides the ofthe principles of openness, fairness and convenience for the people of administrativelicensing, and provides the systems of witness hearing and the reliance interestprotection, which has an important significance in the Chinese legal constructionprocess. However, since the implementation of "Administrative Licensing Law", a lotof legal issues were exposed in the legislation itself and the enforcement process. Inthis paper, the legislation and enforcement issues of "Administrative Licensing Law"are studied, and recommendations to perfect the "Administrative Licensing Law" areproposed.In this paper, the following aspects are studied: in the first part, the discussion ofthe connotation, historical origin, types and functions of administrative licensing isconducted, and the basic theory of administrative licensing is first expounded. In thesecond part, the exposition of legislation background, principles and significance of"Administrative Licensing Law" is conducted. The implementation of "AdministrativeLicensing Law" has witnessed tremendous historical progress, and a series of legalprinciples and legal systems are provided, which have important historicalsignificance. In the third part, a number of legal issues that exist in law legislation andenforcement of the "Administrative Licensing Law" are analyzed. First and foremost,in the legislation course, the following problems are existed, such as unclearboundaries of administrative licensing, unspecific regulation on the obtaining andwithdrawing of the administrative licensing procedures; in addition, the hearingprocess and the principle of reliance interest protection are impractical. There areproblems of law enforcement power abuse, lacking of supervision in the enforcementprocess. In the fourth part, the general statement of the administrative licensingsystem in the four representing countries of Germany, the United States, Britain andJapan is made, pointing out the many characteristics of foreign administrativelicensing system can be used for reference. In the fifth part, the discussion ofrecommendations to further improve the administrative licensing system, which includes well-define the administrative licensing boundary, improvement of the legallevel set by the administrative licensing and perfection of the information disclosuresystem as well as the improvement of witness hearing, trust protection andcompensation systems.