Determination Of The Nature Of The Act Of Approving The Resumption Of Work And Production In Coal Mines

Coal mine resumption and production approval behavior belongs to the administrative license or administrative organs to perform administrative supervision and management duties,or other administrative acts,in the judicial field and administrative field have inconsistent understanding.The determination of the nature of the act determines the boundary of the exercise of power,and affects the path of relief for the parties.In this paper,we will try to answer this difficult question and propose a remedy path in practice by taking a case as a guide.At present,there are three views on the nature of coal mine resumption and production approval,namely administrative supervision and management,administrative licensing and public service,among which administrative supervision and management includes administrative inspection and administrative supervision,the first two views come from judicial practice,and the latter view comes from the provincial government government services website on the classification of the act.The four types of acts appealed have many commonalities with the act of coal mine resumption and production approval,especially the administrative license,in terms of definition,characteristics,procedures,functions and other aspects have a very high degree of similarity with the act,so it is easy to identify the nature of the act as an administrative license.However,after comparative analysis,the act of coal mine resumption and production approval is significantly different from the above four acts in terms of nature,characteristics,purpose,legal consequences,etc.,especially the act is identified as an administrative license with difficult to explain the legal and theoretical barriers.Therefore,the act of coal mine resumption and production approval does not belong to any of the above-mentioned types of behavior,thus excluding the existing three views from the scope of the nature of the determination.The nature of the approval of the resumption of coal mine production should be restored to the administrative licensing effect of the act.From the jurisprudential level,based on the principle of trust protection,the administrative organ has the obligation to protect the license held by the coal mining enterprises,i.e.,the obligation to restore the administrative license from the state of de facto ineffectiveness to the normal state,and the act of coal mine resumption of production approval has such a role.From the procedural level,the approval of the resumption of coal production is based on the premise that there is a stoppage of production,and the stoppage of production has the effect of suspending the administrative license,so the approval of the resumption of coal production has the function of restoring the effectiveness of the administrative license.From the level of the elements of judgment,the approval of the resumption of coal mining production is consistent with the basic elements of the resumption of administrative licensing.