| The project approval notification commitment system is an innovative Approval Mode for engineering construction projects to optimize the approval process,streamline the approval links and reduce the approval time limit.It is a reform measure implemented by the State Council for specific scope of engineering construction projects and specific matters in16 pilot areas such as Beijing,Shanghai and Guangzhou in order to optimize and improve the indicators of handling construction permits on the basis of local attempts to reform the notification commitment system of "separation of licenses".The project approval notification commitment system is based on the first trial of Xiamen,Guangzhou and other cities with advanced business environment,which has become a reform measure comprehensively promoted by the country.This measure has been continuously practiced and popularized in local areas,and has achieved good practical and social results.The reform has gone through two stages: 1.0 pilot and 2.0 comprehensive promotion.Through the study of its legal attribute and development process,it is found that there are some problems,such as the conflict between the reform and the current norms,the lack of legal authorization for the reform,the lack of superior legal basis for the reform,the lack of unified legislation,the difficulty of supervision during and after the project approval notification and commitment system,and the imperfect supporting mechanism.This paper aims to effectively ensure the popularization of this experience to the whole country from a normative,systematic and forward-looking perspective by improving the procedural norms of administrative behavior,substantive norms and regulatory norms.The text of the article is divided into four parts.The first part studies the basic concept of the project approval notification commitment system,analyzes its concept,scope,legal attribute and development process,and believes that the project approval notification commitment system is not a pure benefit granting behavior,but a time-space transfer and reconfiguration of risks.It is characterized by relaxing the examination and approval access and strengthening the supervision of the whole process.It is clear that the implementation of the notification commitment system for project approval is the need to change the concept of law enforcement,improve management services and optimize the indicators for handling construction permits.In the second part,through the research on the legislation and implementation status of the project approval notification commitment system in the pilot and the later two stages of promotion,and combined with the analysis of the specific typical cases in the implementation of the notification Commitment System Approval Mode in the field of project approval,it is exposed that the project approval notification commitment system has similar problems,such as the lack of legal authorization,the inconsistency between the state and the local government,and the difficulty in coordinating and promoting the practical process.The third part carefully finds out and analyzes the causes of the problems in the implementation of the project approval notification commitment system through the problems exposed in the specification level,implementation level and supervision level.The main reasons include the lack of legal thinking involved in the top-level reform,the backward management and service concept of administrative examination and approval departments,and loopholes in the connection of supervision and management of industry competent departments,which lays a foundation for the fourth part to study and improve the exploration path of the legalization of project examination and approval notification commitment system.The fourth part focuses on the improvement countermeasures of the project approval notification and commitment system.By improving the legalization and standardization paths such as the procedure specification,entity specification and Supervision Specification of the project approval notification and commitment system,we can create a legal atmosphere with legal basis,legal basis,reasonable procedures,strong supervision and complete supporting facilities for the reform and implementation of the project approval notification and commitment system,so as to ensure the continuous and in-depth promotion of this reform measure on the track of the rule of law. |
