Research On The Administrative License List System Under The Background Of Optimizing Business Environment

Article 40,paragraph 1,of the Regulations on Optimizing the Business Environment clearly states that “the state shall implement an administrative license list management system and adjust and disclose to the public the list of administrative licenses in due course,and an administrative license not on the list may not be illegally implemented”,which indicates that the administrative license list will play an important role in optimizing the business environment.However,there has been no special research on the administrative license list system.Therefore,with the optimization of the business environment as the background,the discussion of the administrative license list system is of great significance to the optimization of the administrative license list system itself and the business environment.After analysis,it is found that the administrative license list should be a collective term for the power list and the responsibility list of the administrative license,and it can solve the problem of normative control failure in the business environment.The administrative license list has the inherent advantage of optimizing business environment,and it is an important carrier of regulating the operation of administrative license.From a practical perspective,the number of provinces with independent administrative license list is relatively small,and their external patterns include "integration of power and responsibility" and "separation of power and responsibility".In practice,the "power part" of the administrative license list has a narrow regulatory scope,with obvious differences in specific content,and the internal structure of the "responsibility part" is chaotic,and there are legal risks in the compilation subject,basis,and procedure,and the standardization of the specific items needs to be improved.Under the background of optimizing the business environment,the administrative license list should be independent of the general list of power and responsibility,which can be conducive to maintaining the fair competition market environment and facilitating the market subject to engage in economic activities.The "integration of power and responsibility" type of administrative license list is not appropriate to combine the two parts of power and responsibility,and the function of the responsibility part is weakened.The question about the connection of power and responsibility of the "separation of power and responsibility" type of administrative license list is not established,and it can make up for the deficiency of the "integration of power and responsibility" type of administrative license list,and the "separation of power and responsibility" is a better choice for the external form of the administrative license list.To complete the administrative license list,it is necessary to expand the regulatory scope of the "power-type" administrative license list,enhancing the uniformity of its specific content,and clarify the internal structure of the "responsibility-type" administrative license list,in order to make the conditions of responsibility and recovery and its basis further clear.The compilation subject of administrative license list should be the administrative agency itself,and the basis for compiling of the “power-type” administrative license list can only be laws and regulations,while the "responsibility-type" administrative license list can include normative documents.The compilation procedure should fully ensure the administrative participation and administrative publicity.In order to ensure the legality of the implementation basis of the administrative license items and its own legality,the legality review of the administrative license list should be carried out by means of filing review.The system practice requires dynamic adjustment of the administrative license list,which is mainly achieved through the internal self-evaluation and review of the administrative agency and the participation and supervision of external multi-parties.