| The notification the commitment system,Originated from Shanghai Pudong New Area in 2001,which is applicable to the establishment and opening of enterprises,,and has been extended to public health、construction projects,、fire control acceptance and other fields for more than 20 years.In the past,research was mainly carried out on the premise of legality,and the administrative license notification and commitment system is still in dispute when legality and legitimacy can be proved but the boundary is still not clarified.In reality,it is not only a discussion on the suitability of the law,but also a traditional regulatory issue formed by the superposition of different administrative acts in the implementation of the system.The implementation of the notification and commitment approval method has brought convenience in shortening the time limit and simplifying procedures,but under the principle of rule of law,vigilance against and regulation of the "necessary evil" of administrative power is a topic facing legal research.At present,the lack of legality of local pilots,the difficulty of exercising the litigation rights of third parties,the arbitrary addition of preconditions to local norms,and the difficulties in the application of traditional administrative procedures,etc.,in the absence of a boundary for the implementation of the system by the superior law,not only have an impact on the rule of law,but also bring uncertainty risks to the public.Therefore,the research object of this paper is the administrative license notification and commitment system,and the research content is to establish boundaries for the implementation of the system and safeguard the public interest and the legitimate rights and interests of third parties.The text of this article is divided into five parts:Chapter 1 introduces the concept,nature and function of the administrative licensing notification and commitment system,as well as the interaction between the notification and commitment method and the supervision during and after the event.Chapter II focuses on the practical problems of the administrative licensing notification and commitment system,combined with judicial cases,to point out the problems and analyze the reasons;Chapter 3 is the theoretical basis of this paper,covering the principle of proportionality,risk prevention and due process in public law,revealing the relationship between the three basic principles and the administrative license notification and commitment system.Chapter 4 introduces the progress made in the reform of the administrative examination and approval system in developed countries such as the United Kingdom,the United States,Germany,and Japan,which serves as a reference for China’s current implementation of notification and commitment approval,and provides theoretical and practical support for the setting of boundaries;Chapter V discusses the authority,scope,conditions,procedures,etc.,and takes the above boundary as the starting point to put forward standardized improvement suggestions on the problems arising in China’s administrative licensing notification and commitment system. |
