Administrative license of rights and attached license

I. Academic classification of administrative licensing

(1) General license and special license: such as driver's license application and tobacco monopoly; (2) Exclusive license and non-exclusive license; (3) Independent certificate license and attached license: such as driver's license and trademark license.

(4) Administrative license with rights and administrative license with obligations, such as passport and trademark license.

(5) Classification according to the purpose of administrative license: safety, sanitation, environment, etc.

(six) according to the licensing areas: public security, industry and commerce, health, agricultural licensing, etc.

Second, the classification of administrative licensing law.

(a) franchising refers to the development and utilization of limited natural resources, the allocation of public resources and the market access of specific industries directly related to public interests, which need to be given specific rights. Belongs to a specific field and has a limited number; The examination and issuance of licenses should adopt fair competition procedures, such as bidding and auction.

Examples: sea area use license, radio frequency license, development of specific mineral resources.

(2) General license This is also called general license. There is no limit to the number of general licenses.

For example:

(1) Public security license, including assembly, demonstration, entry and exit license, gun license, motor vehicle driving, experience in public places of entertainment, hazardous chemicals management and storage license.

(2) licenses for developing the national economy, including enterprise production and operation licenses, import and export licenses, tobacco monopoly licenses, etc.

(3) Ecological environment protection and licensing of important resources. Land application permit, forest cutting permit, fishing permit and pollutant discharge permit.

(4) permission to ensure the safety of people's lives. Food hygiene license, drug production license, individual business license.

(3) Identification refers to the occupation or industry that provides public services and is directly related to the public interest, and matters with special reputation, special conditions or special skills need to be determined. The characteristic is that applicants must meet certain conditions and generally need to pass certain examination or evaluation procedures.

Examples: lawyer's qualification certificate, doctor's certificate, driver's license, issuing "quality reputation" certificate for enterprises, and granting patent rights to the other party.

(4) Examination and approval means that important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety need to be examined and approved by inspection, testing and quarantine according to technical standards and norms. Its characteristic is to judge the attributes of specific articles, which only indirectly affects the rights of applicants and needs to be completed with the help of certain technical conditions.

Examples: airworthiness license for civil aircraft, manufacturing and repairing license for measuring instruments, elevator quality license, and agricultural product quality certification.

(5) Registration refers to the establishment of enterprises or other organizations and other matters that need to be determined. Its characteristic is to establish the applicant's subject qualification and apply special procedures instead of general licensing procedures.

For example: industrial and commercial enterprise registration, housing property registration, marriage registration, household registration and community registration.

* * Supplement: Matters for which administrative license is not allowed.

1, citizens, legal persons or other organizations can make their own decisions;

2. The market competition mechanism can be effectively regulated;

3. Industry organizations or intermediaries can be self-disciplined;

The latter can also be understood as independent certificate license and attached file license. Independent certificate license is a separate license, such as business license, driver's license, gun license, etc. In addition to the license, the license with attached documents also includes the scope, methods, procedures and effectiveness of the license. Such as: patent license, trademark license, drug production license, construction land license, etc.