What Is Principal Licensure?

Administrative license refers to the act of an administrative organ granting citizens, legal persons, or other organizations permission to engage in specific activities upon examination according to law. An administrative license has the following characteristics: an administrative license is a specific administrative act based on the application; an administrative license is a beneficial administrative act; the premise of the existence of an administrative license is a general prohibition by law; an administrative license is generally a mandatory administrative act; an administrative license is generally For external administrative actions. The establishment of administrative permits should follow the laws of economic and social development, and be conducive to giving play to the enthusiasm and initiative of citizens, legal persons or other organizations, maintaining public interests and social order, and promoting the coordinated development of the economic, social, and ecological environment. ^[1]

Administrative License

Administrative permission

The characteristics of administrative license are mainly as follows:

1. Administrative license is applied for according to law

1. Administrative licensing is a powerful tool for the state to conduct macroeconomic regulation of socio-economic, political, and cultural activities, and it is helpful to transition from direct command-type administrative methods to indirect licensing legal methods.

2. Administrative license is conducive to maintaining social and economic order and protecting the rights and interests of consumers and citizens

3 Administrative license is good for protection

From the perspective of the nature, functions, and applicable conditions of administrative licenses, they can be broadly divided into five categories: ordinary licenses , concessions , recognitions , approvals , and registrations .

Decision of the State Council on February 3, 2016 on the Cancellation of 13 Items of Administrative Licensing of the State Council Department, please refer to Guofa [2016] No. 10 for details

Attachment: Catalogue of administrative license items of the State Council department decided to be cancelled by the State Council (13 items in total)

1. Price Approval of Registered Approval

2. Qualification of Grade A Price Evaluation Agency

3. Qualification of mining gold minerals

4. Geological data protection registration

5. Approval of Renminbi in business circulation

6. Approval for entering the national interbank market

7. Verification of cross-border transfer of RMB cash by commercial banks

8. GAP certification of Chinese medicinal materials production

9. Examination and approval of interest-earning assets withdrawn by liquidated foreign financial institutions

10. Examination and approval of other futures operating institutions' qualifications for engaging in futures investment consulting business

11. Recognition of qualifications for hiring foreign experts

12. Recognition of qualifications of civil aviation metrological inspectors

13. The asset management company's external disposition of non-performing assets for registration, exchange approval ^[4]

Determination of the scope of administrative license

According to the provisions of Article 12 of the Administrative Licensing Law, administrative licensing can be established for the following matters:

(2) Matters concerning the establishment of administrative license

according to"

Legality principle

The establishment and implementation of administrative licenses shall be in accordance with legal authority, scope, conditions and procedures. Principle of legitimacy

(I) Principles for Establishing Administrative Licensing

1. The establishment of administrative licenses shall follow the laws of economic and social development. No administrative license may be established for matters where the market competition mechanism can be effectively regulated and industry organizations or intermediary agencies can manage them on their own. Only problems that cannot be solved by the market and society can the government intervene and intervene by setting administrative permits.

2. The establishment of administrative licenses should be conducive to giving play to the enthusiasm and initiative of citizens, legal persons or other organizations, and maintaining public interests and social order. Citizens, legal persons or other organizations that can decide on their own should not establish administrative licenses. Only when citizens, legal persons or other organizations exercise these civil rights may cause damage to the interests of others or the public interest, and such damage cannot be compensated or remedied by ex post compensation, administrative licenses can be established.

3 The establishment of administrative licenses should be conducive to promoting the coordinated development of the economy, society and the ecological environment. The establishment of administrative permits should not only consider current and immediate interests, but also coordinate the coordination of economic development with social undertakings and the ecological environment to maintain sustainable development.

(2) Matters concerning the establishment of administrative license

according to"

Revocation of administrative permission:

The implementation of administrative licenses should generally be carried out in accordance with the following procedures and requirements:

1. Application and acceptance. Citizens, legal persons or other organizations that engage in specific activities and need to obtain an administrative license according to law shall submit an application to the administrative organ, truthfully submit relevant materials to the administrative organ and reflect the true situation, and be responsible for the authenticity of the substance of their application materials. Applicant may entrust agent to propose

(1) Types of supervision and inspection of administrative license

The administrative license supervision mainly includes two levels of supervision within the administrative organs and administrative organs' supervision of licensees:

1. Level supervision and inspection within administrative agencies. That is, the higher-level administrative organs exercise supervision over lower-level administrative organs based on administrative affiliation.

2. Supervision and inspection of licensees by administrative agencies.

It mainly includes the following:

(1) written inspection;

(2) Sampling inspection, inspection, testing and field inspection;

(3) Self-inspection of licensee;

(4) Supervision and inspection of licensees who have obtained concessions.

Legal Liabilities in Administrative Licensing:

(I) Legal Liabilities of Administrative Licensing Organs and Their Staff

Q: What is an administrative license? What are the characteristics of administrative licensing?

Answer: Administrative license is an important power exercised by administrative agencies. It involves the government and the market, the government and the society.

(Used in the case of a licensee applying for a change)

Xu Bianzi [] No .:

The application for change of administrative license (license number:) filed by you (your unit) on the date is accepted by the agency on the date. After review, (review status and reasons for granting permission to change)

Decide on you (your unit) in accordance with Article 49 of the "Administrative Licensing Law of the People's Republic of China" (and other laws, regulations, rules)

Administrative license, changed to administrative license.

Please hold this decision before the date to go through the relevant procedures.

(Seal of administrative agency)

year month day

What Is Principal Licensure?

Administrative License

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