Question 2: What forms do administrative licensing documents generally include? There are five main categories: first, permits, licenses or other license certificates; The second is the qualification certificate, qualification certificate or other qualification certificate; The third is the approval document or certification document of the administrative organ; Fourth, when the administrative organ conducts inspection, testing and quarantine, it may label or affix the inspection, testing and quarantine seal to the equipment, facilities, products and articles that pass the inspection, testing and quarantine. Fifth, other administrative licensing documents stipulated by laws and regulations.
Question 3: What does administrative license mean? 1. When was the Administrative Licensing Law promulgated? When will it be implemented?
The Administrative Licensing Law was deliberated and passed at the fourth session of the Standing Committee of the Tenth NPC on August 27th, 2003, and will come into force on July 6th, 2004.
Second, why should we enact an administrative licensing law?
A: The enactment of the Administrative Licensing Law aims to standardize and clean up the long-standing problem of excessive administrative licensing in China's administrative activities. Its purpose is to standardize the establishment and implementation of administrative license; Protect the legitimate rights and interests of citizens, legal persons and other organizations; Safeguard public interests and social order, and ensure and supervise the effective implementation of administrative management by administrative organs.
Three. What is an administrative license?
A: Administrative license is what we usually call administrative examination and approval. It refers to the behavior that the administrative organ allows citizens, legal persons and other organizations to engage in specific activities after legal review according to their applications. For example, if you want to start a business, you must apply to the administrative department for industry and commerce for registration according to law, and you can engage in business activities only after the administrative department for industry and commerce has approved the registration according to law and issued a business license.
Four, which administrative examination and approval items do not belong to the administrative license?
Answer: (1) The approval of personnel, finance, foreign affairs and other matters by relevant administrative organs is not an administrative license. For example, the municipal finance department approves funds from other departments. The personnel department approves the personnel management of other departments. Although these approvals conform to the characteristics of administrative licensing, they do not exercise a social management function, but are aimed at specific administrative organs, not specific citizens, legal persons or other organizations; (2) The administrative organ's examination and approval of related matters of directly affiliated institutions does not belong to administrative license. Many administrative organs in our country mostly manage secondary institutions, and administrative examination and approval is indispensable in management, but this kind of administrative examination and approval is based on the direct subordinate relationship of administrative organs to these units, which is different from the management of general social affairs by administrative organs. Therefore, this kind of examination and approval is not an administrative license. For example, the Education Bureau conducts relevant administrative examination and approval for subordinate schools. Municipal Health Bureau implements relevant administrative examination and approval items for subordinate hospitals; (three) the examination and approval of the lower administrative organ by the higher administrative organ based on the administrative affiliation is not an administrative license; (4) The examination and approval of the assets disposal of state-owned enterprises by administrative organs as investors is not an administrative license. This kind of approval is due to the ownership of assets and the exercise of the so-called "boss's right". It is the owner's representative when the administrative organ approves the disposal of state-owned assets, and it does not belong to administrative license; (5) The confirmation of property rights and other civil rights of administrative organs does not belong to administrative license. Such as property rights registration, mortgage registration, marriage registration, adoption registration, personal identity card registration, specific matters registration, etc. This kind of registration, the administrative organ does not exercise administrative power, but appears as a third person, playing the role of confirmation and confirmation; (6) Patent application and trademark registration are not administrative licenses. Before the patent is granted or the trademark is registered, the applicant can already use the invention, technology or trademark. The purpose of applying for patent and trademark registration is that the state protects its intellectual property rights from infringement by others.
Five, the administrative licensing law in which areas can set up administrative licensing?
Answer: (1) Matters directly related to national security, public safety, economic macro-control, ecological environment protection, personal health, life and property safety and other specific activities that need to be approved according to legal conditions; (two) 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 need to be given specific rights; (three) the occupation or industry that provides public services and is directly related to the public interest needs to determine the qualifications and qualifications with special reputation, special conditions or special skills; (4) Important equipment, facilities, products and articles directly related to public safety, personal health and safety of life and property have passed the inspection, testing and quarantine according to technical standards and norms; (5) setting up enterprises or other organizations, etc. , which needs to determine the subject qualification; (six) other matters that can be set up by laws and administrative regulations.
Six, the administrative licensing law stipulates which areas can not be set up administrative licensing?
A: The Administrative Licensing Law stipulates that citizens, legal persons or other organizations can make their own decisions. The market competition mechanism can be effectively adjusted; Industry organizations or intermediaries can manage themselves; The adoption of post supervision by administrative organs can standardize and ...
Question 4: What are the types of administrative licenses? It seems that there are general licenses and special licenses, exclusive and non-exclusive licenses, power and compulsory administrative licenses, and independent certificate licenses and documents. What are you doing?
Question 5: What is an administrative license and what does it include? Article 12 An administrative license may be established for the following matters:
(1) Matters directly related to national security, public safety, economic macro-control, ecological environment protection and specific activities directly related to personal health and safety of life and property need to be approved according to legal conditions;
(two) the development and utilization of limited natural resources, the allocation of public resources and the market access of specific industries directly related to the public interest need to be given specific rights;
(three) to provide public services and directly related to the public interest, it is necessary to determine the qualifications and qualifications with special reputation, special conditions or special skills;
(four) the important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety need to be inspected, tested and quarantined in accordance with technical standards and norms;
(five) the establishment of enterprises or other organizations. , which needs to determine the subject qualification;
(six) other matters that can be set by laws and administrative regulations.
Article 13 Where the matters listed in Article 12 of this Law can be regulated in the following ways, an administrative license may not be established:
(a) citizens, legal persons or other organizations can make their own decisions;
(2) The market competition mechanism can be effectively regulated;
(three) industry organizations or intermediaries can manage themselves;
(four) the administrative organs can take post supervision and other administrative methods to solve the problem.
Article 14 The law may establish an administrative license for the matters listed in Article 12 of this Law. If no law has been enacted, administrative license may be set by administrative regulations.
When necessary, the State Council may issue a decision on establishing an administrative license. After the implementation, except for temporary administrative licensing matters, the State Council shall promptly request the National People's Congress and its Standing Committee to enact laws or administrative regulations on their own.
Article 15 Where laws and administrative regulations have not been formulated for the matters listed in Article 12 of this Law, local regulations may set up administrative licenses; If laws, administrative regulations and local regulations have not been formulated, and it is really necessary to implement the administrative license immediately because of administrative needs, the regulations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may set up temporary administrative licenses. If a temporary administrative license needs to be implemented for a full year, it shall be submitted to the people's congress at the corresponding level and its standing Committee to formulate local regulations.
Local laws and regulations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall not establish administrative licenses for the qualifications and qualifications of citizens, legal persons or other organizations that should be uniformly determined by the state; The establishment registration of an enterprise or other organization and its existing administrative license shall not be established. The administrative license set by it shall not restrict individuals or enterprises from other regions from engaging in production, operation and providing services in this region, nor shall it restrict goods from other regions from entering the local market.
Article 16 Administrative regulations may make specific provisions on the implementation of administrative licensing within the scope of administrative licensing matters set by law.
Local regulations can make specific provisions on the implementation of administrative licensing within the scope of administrative licensing items set by laws and administrative regulations.
Rules can make specific provisions on the implementation of administrative licensing within the scope of administrative licensing matters set by the superior law.
Where laws and regulations make specific provisions on the implementation of the administrative license set by the superior law, no administrative license may be added; The specific provisions of administrative licensing conditions shall not add other conditions that violate the superior law.
Article 17 Except as provided in Articles 14 and 15 of this Law, no administrative license may be established in other normative documents.
Question 6: What is an administrative license 1? Administrative license refers to the specific administrative act that the administrative subject grants or confirms the legal qualification or legal rights of the administrative counterpart to engage in certain activities by issuing licenses and other forms according to the application of the administrative counterpart under the general prohibition of the law.
2. From the nature, function and applicable conditions of administrative license, it can be roughly divided into five categories: general license, franchise, recognition, approval and registration.
3. Determination of the scope of administrative license
According to Article 12 of the Administrative Licensing Law, an administrative license may be established for the following matters:
(1) Matters that need to be approved according to legal conditions for specific activities directly related to national security, public safety, economic macro-control, ecological environment protection and personal health and life and property safety;
(two) 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 need to be given specific rights;
(three) the occupation or industry that provides public services and is directly related to the public interest needs to determine the qualifications and qualifications with special reputation, special conditions or special skills;
(four) the important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety need to be qualified in accordance with technical standards and skills;
(5) setting up enterprises or other organizations, etc. , which needs to determine the subject qualification;
(six) other matters that can be set up by laws and administrative regulations.
4. Exclusion scope of administrative license
(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 manage themselves;
(four) the administrative organs can take post supervision and other administrative methods to solve.
Question 7: Which agencies can set up administrative licenses? According to Article 12 of the Administrative Licensing Law of People's Republic of China (PRC), an organ involved in the following matters may establish an administrative license.
Article 12 An administrative license may be established for the following matters:
(1) Matters directly related to national security, public safety, economic macro-control, ecological environment protection and specific activities directly related to personal health and safety of life and property need to be approved according to legal conditions;
(two) the development and utilization of limited natural resources, the allocation of public resources and the market access of specific industries directly related to the public interest need to be given specific rights;
(three) to provide public services and directly related to the public interest, it is necessary to determine the qualifications and qualifications with special reputation, special conditions or special skills;
(four) the important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety need to be inspected, tested and quarantined in accordance with technical standards and norms;
(five) the establishment of enterprises or other organizations. , which needs to determine the subject qualification;
(six) other matters that can be set by laws and administrative regulations.
Question 8: What is the concept of administrative license? What are the characteristics? Administrative license refers to the specific administrative act that the administrative subject grants or confirms the legal qualification or legal rights of the administrative counterpart to engage in certain activities by issuing permits and licenses according to the application of the administrative counterpart. The characteristics of administrative license mainly include the following aspects: 1. Administrative license is an administrative act made according to the application. The relative administrative policy is applicable to the specific matters of the administrative subject, which is the prerequisite for the administrative subject to implement the administrative licensing behavior. No application, no permission. 2. The contents of administrative license are activities generally prohibited by the state. The premise of administrative license is general prohibition, and the content is individual lifting of the ban. That is to say, under the premise of general prohibition by the state, the administrative counterpart who meets certain conditions can enjoy certain qualifications or rights and be able to implement certain behaviors. 3. Administrative license is a specific administrative act that the administrative subject gives the administrative counterpart some legal qualification or legal rights. Administrative license is a specific administrative act that is beneficial to specific people and specific things. 4. Administrative license is an external administrative act. Administrative license is a kind of management behavior of administrative organs to administrative counterparts, and it is an external behavior of administrative organs to manage economic and social affairs according to law. The internal management behavior of administrative organs to examine and approve personnel, finance, foreign affairs and other matters of other administrative organs or institutions directly managed by them does not belong to administrative licensing. 5. Administrative license is a basic administrative act. Administrative license must follow a certain legal form, that is, it should be an express written license, which should be recognized and proved by formal documents and seals. The most common forms of administrative licensing in practice are licenses and permits.
Question 9: What are the ways to apply for administrative license? The agency right is an important right enjoyed by the administrative counterpart in the administrative procedure. Agents mainly participate in administrative procedures in the name of administrative counterparts. Lawyers, social organizations or citizens can act as agents. Article 29 of the Administrative Licensing Law stipulates that an applicant for an administrative license may entrust an agent to apply for an administrative license. However, due to the nature of administrative affairs, if an agent cannot be entrusted to apply, the applicant shall personally apply for an administrative license at the office of the administrative organ. Usually, the application forms include oral application and written application. Oral application. It means that the applicant for administrative license directly proposes to the administrative subject to engage in an activity that requires administrative license through language. This method is simple and easy to operate, and is not limited by the applicant's knowledge level, but it lacks sufficient evidence to support it, which is not conducive to the review of administrative licenses by administrative organs in the future. Therefore, the Administrative Licensing Law does not directly stipulate that the counterpart can apply in this way. Written form. This is a common way in the application for administrative license. It is more standardized and clear, and most administrative license applications are done in this way. However, due to the poor convenience of written application and the unbalanced knowledge level of the applicant, Article 29 of the Administrative Licensing Law stipulates that the administrative organ has the obligation to provide the applicant with standard texts. In addition, based on the principle of convenience, the Administrative Licensing Law has changed the traditional practice. The applicant is not necessarily required to deliver the application materials to the office of the administrative organ in person. The application for administrative license can be submitted by letter, telegram, telex, fax, electronic data exchange and e-mail, or by the applicant's entrusted agent.