Research On The Notification And Commitment System For Administrative Approva

With the deepening of the reform of the administrative examination and approval system,the notification commitment system characterized by "light examination,heavy supervision" has been favored all over the country,and has been widely implemented and applied by administrative organs and administrative counterparts with its efficient and convenient advantages.Unlike the previous approval model,the notification and commitment system of administrative approval has changed the traditional approval concept from "focusing on prior review" to "focusing on post-event supervision",simplified the traditional approval process,greatly shortened the approval time,improved the working efficiency of the administrative organ and facilitated the administrative counterpart.The notification and commitment system is an innovation in the reform of the administrative examination and approval system,and also plays an important role in the optimization of the current business environment and the operation of the government’s emergency administrative mechanism.However,the system of notification and commitment of administrative examination and approval also exposed some problems in the process of its promotion to the whole country.For example,there are still disputes on the definition of its legal nature in academia,and in practice,there are problems such as the lack of unified upper law regulation,the lack of prior credit review mechanism,the lack of post-event supervision,and the imperfect relief measures of administrative stakeholders.These problems are the current dilemma of the disorderly application of the system of notification and commitment,and also the fundamental reason why the system cannot play its real role.If it is not regulated effectively in time,it may have a negative impact on the application and development of the system.This article is divided into four parts.The first part clarifies the basic connotation of the disclosure and commitment system and the relevant theories involved in the legal nature.It believes that the disclosure and commitment system is an alternative to the traditional approval method,and its nature belongs to the simplified procedure of administrative approval based on trust;This paper briefly describes the theoretical support behind the disclosure commitment system,which provides a basis for its legitimacy.It also explains the value of its development in the context of the current era,and concludes that the notification and commitment system of administrative examination and approval is a breakthrough and innovation in the bottleneck of the reform of the administrative examination and approval system,which has the important value of optimizing the business environment and ensuring the normal operation of the emergency administrative mechanism.The second part analyzes the current status and practice of the legal and regulatory normative documents of the notification and commitment system of administrative examination and approval.At present,the system of notification and commitment of administrative review is dominated by local normative documents.Only a few central laws and regulations simply mention it,and there is no unified national law to regulate it.However,the relevant local regulations are chaotic and are mostly issued in the form of government working documents.The current situation of practice is mainly analyzed from the main application fields of the system of informed commitment and the current situation of judicial practice.At present,the notification and commitment system of administrative examination and approval is mainly applied in the fields of enterprise operation license,public health license and engineering construction approval.It has achieved good results in practice,but there are still many problems.The focus of the dispute about the judicial case of the system of notification and commitment is also mainly around the damage to the rights and interests of others caused by the false commitment of the applicant,and the existence of doubts about the legal nature,so as to clarify the main issues affecting the development of the system in practice.The third part,based on the analysis of the current situation in the second part,analyzes the relevant problems in depth,and concludes that the main reason restricting the development of the system is that the system of notification and commitment breaks through the pre-prevention function of the traditional administrative examination and approval,and increases the applicable risk of the system;There is a legal dilemma of lacking superior law as legal support and unified legislative regulation;The relevant implementation mechanisms are not sound,such as the application procedures are not standardized,the prior credit review mechanism is not established,and the post supervision is not implemented;The safeguard measures for the third party are absent and the relief measures for the administrative counterpart are imperfect.The fourth part,based on the analysis of the above issues,puts forward suggestions for improvement from the aspects of application fields,legislative regulations,application procedures,prior review,in-process supervision and post-relief,and believes that the application of the system of notification and commitment must be strictly divided into general application fields and prohibited application fields,in order to balance the balance between the efficiency and safety of administrative examination and approval.Promote the relevant legislation of the notification and commitment system of administrative examination and approval,and ensure that major reforms are based on the law.On this basis,in terms of its applicable procedures,it can be designed with the guidance of summary procedures,and give the administrative counterpart the right to choose procedures;Establish a credit review mechanism in advance of the notification and commitment system of administrative approval,implement the supervision responsibility during and after the event,and build and improve the relevant relief system.This paper intends to carry out a comprehensive study of the system of notification and commitment of administrative examination and approval in order to promote the orderly application of the system of notification and commitment of administrative examination and approval,give full play to the effective value of the system of notification and commitment,and finally promote the development process of the modernization of the administrative examination and approval system.