On the Reasonable Determination of the scope of Establishment of Administrative License
LI Shi-lin
Abstract
LI Shi-lin
Abstract
Article 13 of Administrative License Law requires the legislator to consider the necessities when establish administrative license.However,such requirement can not be fulfilled for several reasons,such as the vagueness and inoperability of legislative language,the uselessness of evaluation mechanism and so on.Administrative license should be checked up regularly,and the existing evaluation mechanism of administrative license should be activated under the guidance of article 13.Uniform legislation for the evaluation of administrative license is in great demand to set up a strict limitation system and develop the depth and breadth of public participation in administrative license,so as to determine the scope of establishment of administrative license to the maximum extent and expand the legitimacy of establishment of administrative license.
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Article 13 of Administrative License Law requires the legislator to consider the necessities when establish administrative license.However,such requirement can not be fulfilled for several reasons,such as the vagueness and inoperability of legislative language,the uselessness of evaluation mechanism and so on.Administrative license should be checked up regularly,and the existing evaluation mechanism of administrative license should be activated under the guidance of article 13.Uniform legislation for the evaluation of administrative license is in great demand to set up a strict limitation system and develop the depth and breadth of public participation in administrative license,so as to determine the scope of establishment of administrative license to the maximum extent and expand the legitimacy of establishment of administrative license.
Key concepts: License, Scope (computer science), Legislation, Business, Administrative law, Vagueness, Legislator, Legitimacy