The Improvement Of The Administrative License Margin System

In the context of economic transformation and profound adjustment of social interests,administrative organs have given birth to the administrative licensing margin system for the efficient implementation of administrative management,for the active fulfillment of obligations of administrative counterparts,and for the maintenance o f public interests.With the increasingly difficult task of administrative management,the administrative license margin system has been widely used in all aspects of life,such as the customs,tourism,education industry,construction industry,mining fie ld can be found that administrative organs use the administrative license margin system to regulate the operation of administrative counterparts.The main reason why the administrative license margin system can be widely used is that the margin can reduce the law enforcement cost of administrative organs,reduce the possibility of social risks,and maintain the relative person’s social reputation.The application of the margin system in the field of administrative license is the transformation of the administrative organ’s management mode under the service administrative mode,and the innovation of the administrative organ in the administrative supervision level,which reflects the administrative organ’s attention to the supervision of the administrative counterpart’s subsequent licensed operation.Institutional practice is inseparable from the support of theory.The basic theory part of this paper aims at defining the administrative license margin systematically.First of all,from the connotation of administrative license and margin,clarify the concept of administrative license margin.Administrative licensing margin is defined as the administrative organ or organization authorized by the laws and regulations on the conditions satisfying the administrative licensing shall examine whether the other party,for the purpose of regulating the follow-up activities of the other party,reduce social risk,make the other party to perform its obligations,the other party in advance for a funds guarantee the administrative relative person specification and operation of the specific administrative act.In addition,from the attribution of the margin,the administrative license margin is distinguished from the administrative charges and administrative taxes;From the Angle of public law and private law,the difference between administrative license margin and creditor’s right margin is clarified.Of course,on the basis of studying the concept of administrative license margin,it is necessary to analyze the legal nature of administrative license margin.From the perspective of combining public law with private law,it is considered that administrative license margin is a special civil guarantee in administrative law and a guarantee mode attached to the performance of administrative contract,which belongs to the category of administrative guarantee.The development of theory is inseparable from practice.Through the practical research on the administrative license margin,it is found that the administrative license margin system has not been successfully implemented in China and there are a series of problems.To be specific,in the legislative level of the administrative licensing margin system,administrative licensing margin is chaotic,with few normative documents with high potency level and many documents with low potency level.Some margin items lack the guidance of superior law,and administrative licensing margin lacks uniform legal norms.In terms of the supervision system of administrative license margin,the administrative organ has the situation of "self-collection and self-management" for the margin,and the executing agency of the margin is confused with the supervision agency,and there is no clear supervision and management agency.In addition,in the relevant legal norms,there is no provision on the legal responsibility of administrative organs and counterparts,resulting in loopholes in the supervision of administrative license margin.Due to the mandatory administrative power of administrative organs,the administrative organs occupy a dominant position in the administrative licensing margin system,which makes the public’s sense of supervision unable to reflect,and can not carry out all-round supervision on the margin.In the guarantee mechanism of the margin,there are some disadvantages such as disordered payment standard,single payment form and unclear return condition,which lead to the slow development of the administrative license margin.Although the administrative licensing margin has its drawbacks in practice,the necessity of its existence is self-evident.Margin has important value significance in preventing social risk,ensuring the performance of administrative obligations of the counterpart,maintaining the social reputation of the counterpart,and taking into account public interests and individual interests.Therefore,in order to give full play to the functions of the administrative license margin system,it is necessary to regulate the problems existing in the administrative license margin system.To be specific,in legislation,the establishment of non-standard administrative license margin shall be cleaned up,and the principle that normative documents above the regulations shall have the right to establish shall be established.Establish uniform legal norms.In the supervision system,the establishment of a separate system for the collection of deposits,clear supervision agencies;Clarifying the legal responsibility of the administrative organ and the administrative counterpart;We will establish a margin supervision system for public participation so that the public can assist the supervision of administrative organs.In the guarantee mechanism,it should be comprehensively measured from the aspects of operating cost standard,benefit stand ard,following the principle of proportion and so on.For the payment of margin,not limited to cash,can also be used in the United States in the form of soft margin and hard margin to enrich the payment of margin;Finally,strict and reasonable conditions for the return of the deposit should be stipulated.After strict examination,expert evaluation and public opinion expression,the reasonable return of the deposit should be finally determined.