Research On Special Restrictions Of Administrative Franchise

Administrative franchise as an important means of resource allocation,different from the general administrative license,franchise matters involving the national livelihood,ecological and environmental protection and other major public interests,related to the sustainable development of society,will have a great social impact.The fact reflected in the current reality is that there are still problems of unclear standards and excessive licensing,and the provisions of the Administrative Licensing Act on franchising are obviously insufficient to regulate the problems of administrative franchise.The special nature of the administrative franchise,which is different from the general administrative license,makes it urgent to make special regulation and play the role of administrative franchise.In addition to the introduction and conclusion,the paper is divided into five parts:The first part,the definition and analysis of administrative franchise.At present,there is no clear definition of franchise in the law,and the doctrinal clarification of what administrative franchise is and how it differs from other licenses is a theoretical prerequisite for restricting licensing rights for administrative franchise.Firstly,administrative franchise refers to the administrative act of granting limited natural resources,public resources and market access opportunities directly related to specific industries to individuals or enterprises for operation and use by administrative authorities according to law.Secondly,administrative franchise has the characteristics of allocating resources as the main task,reflecting the dual structure of power and right,and balancing public and private interests as the main purpose.Finally,there are differences between administrative franchise and general administrative license in terms of their nature,scope of application,quantitative restrictions and acquisition procedures.The second part,the necessity of special restrictions on administrative franchise is argued.The reason why administrative franchise should be subject to special restrictions is not only because of the difference between administrative franchise and general administrative license,but also because of the power of the administrative authorities,the rights of the franchisee and the characteristics of the franchise.In the administrative franchise,the power of the administrative authority is empowering and the compulsory and unilateral nature is reduced;the rights of the franchisee are created by special law,mainly with the content of use and benefit and exclusive;the franchise matter has the property of common public.The third part,the problems of administrative franchise in law and practice.Administrative franchise in the legal regulation has the problems of insufficient competitive means of franchise matters,unclear rights and obligations,and unclear scope of franchise matters.And in the practice operation reveals the franchise matters dispute,repeated authorization,procedural errors and many other problems.These problems urgently need to be solved by regulating administrative franchise.The fourth part,physical restrictions on administrative franchise.In the subject,narrow the scope of the subject of setting the administrative franchise,increase the administrative subject of making franchise decisions.Strictly review the ability and quality of the applicant for the concessions for administrative franchise.In terms of franchise matters,the boundaries between limited natural resources,public resources,and specific industries directly related to public interests are clarified,and only the licensed use of limited natural resources and public resources is provided with a paid use system.Finally,the limitation of the number of concessions and the number of years takes into account various factors as well as the characteristics of the franchise matters themselves to avoid repeated authorization and unreasonable setting of the number of years of concession.The fifth part,procedural restrictions on administrative franchise.In the entry procedure of administrative franchise,restrict the way of application for franchise,adopt substantive examination for franchise application,and fulfill the obligation of disclosing information before entering the bidding and auction procedure,and introduce more fair competition means to obtain the franchise.At the same time,the transfer of the franchise is conditionally restricted,and the implied approval system is abolished in the renewal procedure.In the withdrawal procedure of administrative franchise,when making a withdrawal or revocation of administrative franchise,the administrative authority should be subject to procedures such as notification,hearing of statements,pleadings and hearings.The length of the suspension procedure should be avoided and the cancellation of administrative franchise should be carried out in a timely manner.