Research On Legal Issues Of Administrative Authorization

Administrative authorization described in this article refers to the effective laws,regulations and rules specify can grant a case,the administrative organ according to the needs of practical administration,will own the administrative functions and powers in accordance with statutory procedures and forms,granted to other administrative organs or social organization,authorized to the main body of administrative power on the basis of independent,bear legal responsibility.From the present situation of the study on administrative license in China,our country academic circles is in discussing more with research administrative authorization when administrative subject,main purpose is to distinguish and administrative commission,in order to solve the problem of the determination of the defendant in administrative litigation,the mainstream view is the authorized administrative authorization is equivalent to the laws and regulations,this leads to the legislature is based on the legislative power and the exercise of legislative ACTS as the administrative behavior of administrative power transfer,and will be described in this article the administrative law in the sense of administrative authorization as a delegate,eventually ignored the study of legal system of administrative license itself.In addition to the preface,this paper is divided into three parts.The introduction mainly discusses the significance of the research on administrative authorization,the current situation of the research on administrative authorization in China,and the contents and methods of the research.In the first part,the basic theories of administrative authorization are discussed.Firstly,the concept of administrative authorization is defined by analyzing the different views of the current theoretical circle on the concept of administrative authorization,and it is distinguished from the easily confused concepts such as the establishment of administrative power and administrative entrustment.Then from the aspects of constitution and constitutionalism,the legal analysis of the legitimacy of administrative authorization,further to explore the essential connotation of administrative authorization,put forward in administrative authorization must abide by the basic principles,namely the necessary authorization principle,legal authorization principle,the principle of limited authorization,the clarity rule in authorization,and shall not sub-license principle.The second part probes into the legal elements of administrative authorization and its responsibility.Firstly,it analyzes the legal elements of administrative authorization,and then analyzes the conditions and restrictions of authorization from three aspects:the authorized subject,the authorized object and the authorized object.Finally,according to the principle of consistency of authority and responsibility,this paper discusses the responsibility of administrative authorization and its attribution.The third part discusses how to perfect our administrative authorization system.Firstly,this paper analyzes the system defects of administrative authorization in China,and points out that there are few basic theoretical studies on administrative authorization in China,which cannot provide strong theoretical support.The law does not specify the procedure of authorization,which leads to frequent illegal authorization.The supervision mechanism of administrative authorization is not perfect.Based on the actual situation of the development of administrative law in China,the author puts forward some Suggestions to solve the above problems.Secondly,it is necessary to formulate specific procedural provisions to regulate administrative authorization.Finally,strengthen the supervision from the perspective of the authorized subject and the authorized subject,so that the administrative authorization system can operate efficiently.