The Consideration Of Administrative License Scope Setting

The scope of administrative licensing is an important part of administrative licensing system, and it is the precondition of setting administrative licensing. Complexity and diversity is the characteristic of the content and forms of administrative licensing, and there is a big uncertainty in it. It’s rather difficult to stipulate the scope of administrative licensing by law.During the formulation of The Administrative License Law, one of the biggest controversial issues is the scope of administrative license. Therefore, it is very meaningful to study on the administrative licensing scope. This paper through the analysis of the administrative licensing scope, as well as some developed countries.and the further standardization suggestion of administrative licensing scope is put forward to perfect the administrative license system.This paper is divided into the following four parts:In the first part, this paper introduces the basic theory of administrative license and the scope of administrative license.In this part, it mainly introduces the concept and nature of the administrative license, and discusses the theoretical basis of the administrative licensing and the legal significance of the scope of administrative license.The second part introduces the present situation of the administrative licensing scope setting in our country. In this part mainly discusses the legislative model and the causes of The Administrative License Law, and the specific content of the administrative licensing scope set to our country in detail, and points out the defects existing in the administrative licensing scope setting in our country, including the legislative model and the specific content.The third part carries on the analysis to the United States, Germany and Japan administrative licensing system.And the legislative mode of administrative licensing, the classification of administrative licensing, the field of government regulation and the cost-benefit mechanism has made a more detailed summary.In the fourth part, The legislation mode of administrative license and the principle of setting up the scope of administrative license should be discussed on the basis of summarizing the foreign research. Finally, this part puts forward some suggestions and countermeasures for the further standardization of the administrative license,which is based on the construction of the power list system in our country at present.