Research On The Notification And Commitment System Of Administrative Licensing

Since the 20 th National Congress of the Communist Party of China,the reform of "deregulation and service" has been deepened,the business environment has been continuously optimized,the market entities have been loosened and reduced,and the vitality has been fully stimulated.Under the current reform background,the system of notification and commitment of administrative license has been widely applied,helping to further promote the reform of "release,management and service".The system of notification and commitment of administrative license re-examines and optimizes the traditional administrative approval model,including notification and commitment,formal review,post-supervision,simplification of procedures,optimization of processes,reduction of access threshold,and reduction of the burden of expenses.In specific areas,the market subject only needs a written commitment and formal review by the administrative organ to propose that the market subject obtain the corresponding qualifications,and the pre-supervision with risk control value will be replaced by the post-supervision mechanism with credit supervision.Because of its high efficiency and convenience,the system is favored by administrative organs and administrative counterparts.However,the central and provincial and municipal laws and regulations related to the system are not clear in the process of promotion and application,and the Regulation on Optimizing the Business Environment has not clearly defined its meaning,legal nature,scope of application,etc.,only briefly described the exclusions of the system.Although the system of notification and commitment of administrative license has improved administrative efficiency,reduced the burden of market subjects and injected power into the market,the implementation of this approval method is still in the process of dynamic change,and its degree of legalization is insufficient,and there are contradictions and contradictions between this system and other public law principles in the process of operation,so as to deal with the relationship between innovation and legitimacy,and balance the value objectives of efficiency and public welfare,It is the key topic of current research.This paper is mainly divided into five parts in structure:The first part is the introduction.This part briefly describes the purpose and significance of the research,the research status at home and abroad,research methods and innovation points.The second part is an overview of the notification and commitment system of administrative license.To clarify the meaning and characteristics of the system of notification and commitment of administrative license,refer to the discussion of the legal attribute of the system by scholars,and analyze its legal attribute.After that,it excavates the value of the system and explains the necessity of its existence.The third part is the analysis of the current situation of the system of notification and commitment of administrative license.Mainly through the visual analysis of the relevant provisions of the notification and commitment system of administrative license in the documents of the State Council and local regulations,clarify the legislative status and implementation status of the operation of the notification and commitment system of administrative license in China at this stage,and on this basis,examine the deficiencies in the operation of the system.The fourth part is about the problems existing in the operation of the notification and commitment system of administrative license.Through the above part,we can understand the appearance of the system of notification and commitment of administrative license,grasp the current situation of the system of notification and commitment of administrative license,and explore the problems of the system of notification and commitment of administrative license,such as the legitimacy dilemma,the excessive expansion of the scope of application,the damage of the relevant rights and interests of the public,and the risks caused by the lack of review and supervision.