Research About Improve The Security Deposit System In Administrative Permission

With the increasingly arduous task of administrative tasks in our country,the administrative guarantee created by means of civil guarantee is widely used in administrative management.The security deposit system in the field of civil guarantee is also widely used in the field of administrative licensing,in the administrative license of customs,agriculture,tourism Industry,construction industry and the education industry,can found the administrative license security deposit.The main reason is that the margin has the advantages of improving the administrative efficiency,reducing the law enforcement agency's law enforcement cost,coordinating the public interest and the personal benefit phase.The main reason is that the security deposit system has the advantages of improving the administrative efficiency,reducing the law enforcement agency's law enforcement cost,coordinating the public interest and the personal interest,Improve the credibility of the enterprise and so on.The application of the security deposit system in the field of administrative licensing reflects the innovation of the administrative organs in the field of administrative management.It is hoped that the post-supervision system of the administrative license will be resolved through the introduction of the security deposit system.This is also the continuous efforts of the administrative organs at all levels to innovate and manage The specific embodiment of the way.The practice of the system can not be separated from the theoretical support.The administrative licensing margin system also has a solid theoretical basis,including the theory of risk society,the combination of soft and hard governance,the combination of public interest and personal interests.These theoretical bases provide a justification for the application of the security deposit system in the area of administrative licensing.Of course,in the study of administrative licensing security deposit system,we also need to define the administrative licensing security deposit on the basis of the concept of administrative licensing security deposit system characteristics,including:The main body of the security deposit system is specific,the deposit is a disguised form of Mandatory administrative conduct,the payment of the security deposit is a kind of administrative act which needs to be strictly restrained,the administrative organ occupies the dominant position in the security deposit system,the use of the security deposit system has the strong purpose and so on.Theoretical innovation and development can not be separated from practice,study the administrative licensing security deposit system must be on the specific implementation of the security deposit to understand.This paper security deposit introduces the practice status of security deposit from the three aspects of payment of security deposit,deposit return and security deposit supervision.Specifically,in the status of payment of administrative licensing security deposit,the form of payment of the security deposit has been changed from the traditional form of cash into a bank guarantee and other forms of payment,security deposit payment by the one-time payment into a phased payment and adjustment payment and other ways to pay coexist.In the return of the security deposit,the security deposit return method mainly includes two kinds of return and one-time return.In the supervision of the security deposit,the supervisory organ of the security deposit and the supervisory organ paying the security deposit are the administrative organs that have the right of approval of the administrative license.Of course,the administrative licensing system in the actual operation of some of the problems encountered in this study is the focus of the explore solution.The author analyzes four questions in the security deposit by the administrative licensing system:the payment of the standard payment standards,the conditions are not clear,the lack of legal liability to induce regulatory loopholes and the administrative authorities are too dependent on the security deposit,that should improved from four aspects to improve the administrative licensing security deposit system:development of a reasonable security deposit Pay the standard,clear the conditions for the return of the administrative license deposit,strictly stipulate the legal responsibility of the administrative body,improve the administrative licensing system.Where the administrative authority collects the security deposit in the administrative license,whether the security deposit is the prerequisite condition of the license or the condition of the subsequent permission,the security deposit shall have the guaranty administrative counterpart to fulfill the future obligation and avoid the consequences of the non-performance of the administrative counterpart To the country and the function of society.On the basis of the theoretical research of the relevant scholars,the author makes a rough combing the current situation and problems of the administrative licensing security deposit system.This article provides some shallow thinking and tentative suggestions for the future development and perfection of the administrative licensing system,Expect to attract more scholars to study the problem.