|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
The "Administrative License Law of the People's Republic of China" (hereinafter referred to the Administrative License Law) was adopted at the 4th Session of the Standing Committee of the 10th National People's Congress on August 27, 2003, and will come into force as of July 1, 2004. This is a great event in the construction of socialist democracy and legal system of our country. The promulgation and implementation of the Administrative License Law is of great significance to safeguarding the legitimate rights and interests of the citizens, legal entities and other organizations, deepening the reform of the administrative approval system, pushing forward the reform of the administrative system, preventing and tackling corruption at its source, and ensuring and supervising the effective implementation of administrative management of the administrative organs. It is an important function of all levels of administrative organs to ensure the complete and proper implementation of the Administrative License Law, and thereby promote the administration of the people's government at all levels and of all departments of the government strictly by law. The local people's governments at all levels and all the departments of the State Council shall attach great importance to the implementation of the Administrative License Law, and do the relevant work earnestly. For this purpose, we hereby make the following notice accordingly: I. The significance of the Administrative License Law shall be fully understood from the height of implementing the important thought of "Three Represents" and fully advancing the administration by law, so that the Administrative License Law may be studied earnestly, understood accurately and implemented strictly. The Administrative License Law is another important law for regulating the general conducts of the government promulgated following the implementation of the State Compensation Law, Administrative Penalty Law and the Administrative Reconsideration Law. The systems it establishes such as the establishment of administrative license, relatively centralized power of administrative license, joint and intensive handling of administrative license, procedures for implementation of administrative license, the supervision and inspection by the administrative organs over a licensee under the administrative license, and the legal liabilities for implementation of administrative license, etc., are all important regulations and major reforms to the present administrative license system. And they will have a far-reaching influence on further transforming the government functions, reforming the methods of management and advancing the administration by law. The working staff at all levels of administrative organs, especially the leading cadres shall earnestly study and implement this Law from the height of implementing the important thought of "Three Represents". The local people's governments at all levels and all the departments of the government shall make specific deployment on studying, publicizing and carrying through the Administrative License Law and implement it earnestly. All kinds of means shall be used to publicize Administrative License Law make the masses know the Law. Trainings for the personnel who will execute the administrative license shall be further strengthened in light of the principle of combining study with use, so that the provisions of the Administrative License Law may be understood accurately and thoroughly. The people's governments at the county level and above and the institutions of legal affairs under all the departments of the government shall, under the uniform guidance of their own level of government or their own department, organize specifically the study, publicity and training work of their own districts and departments. II. Cleaning up the relevant provisions on the administrative license as soon as possible. According to the provisions of the Administrative License Law, a lot of existing provisions concerning the administrative license need to be modified or repealed in light of the Administrative License Law. All the governments and departments shall clean up the existing provisions concerning the administrative license as soon as possible. The provisions not in conformity with the provisions of the Administrative License Law shall be modified or repealed in time. The provisions really need to be formulated into laws and regulations, shall be edited into laws and regulations according to law. Where the departments under the State Council have to execute administrative license due to the needs of the administration, but are unable to formulate administrative regulations temporarily, they shall report to the State Council for issuance and decision. Where the people's governments at the provinces, autonomous regions, and municipalities directly under the Central Government, in light of the circumstances of the economic and social development of their own regions, need to stop executing the administrative license concerning economic affairs subject to the administrative regulations, they shall propose suggestions in time and report to the State Council for approval. The institutions of legal affairs of all the governments and departments shall be responsible for cleaning up the provisions on the administrative license, which shall be completed before July 1, 2004. The results of the cleaning up shall be announced to the public. Any provisions concerning the administrative license, which are not in conformity with the Administrative License Law, shall be repealed all and singular from the date of the implementation of the Administrative License Law. III. Cleaning up the organs for executing the administrative license and strengthening the construction of the contingent. According to the provisions of the Administrative License Law, the administrative license can only be executed by the administrative organs in principle, no organizations other than the administrative organs may exercise the power of the administrative license without authorization by laws and regulations. No administrative organs shall entrust other administrative organs to implement administrative license without definite provisions by laws, regulations or rules. The administrative organs shall, when executing the administrative license, assign an institution to accept the applications for administrative license uniformly, and serve the decisions on administrative license uniformly. All the governments and departments shall, strictly in light of the provisions of the Administrative License Law, clean up all kinds of existing executive institutions for administrative license. Any administrative license executed in the name of the internal institutions of an administrative organ, or by an organization authorized by other regulatory documents other than laws and regulations, or by entrustment of an administrative organ without authorization of laws, regulations and rules, shall all be corrected. The name lists of the preserved executive organs or organizations for administrative license after the cleaning up shall be announced to the public. All the governments and departments shall take the implementation of the Administrative License Law as a turning point to construct an efficient and uncorrupted administrative law enforcement contingent and take it as an important work for enhancing the level of administration by law, and make it a success. All kinds of effective measures including strengthening the legal education, vocational education, regulating the procedures and improving the responsibility systems, etc., shall be taken to improve the quality of the personnel for executing the administrative license and make them more conscious of their duty and working by law. IV. Reforming the systems and mechanisms for executing the administrative license. Many of the subject systems and the procedural systems for administrative license prescribed by the Administrative License Law are significant reform and innovation to the present administrative license system. The people's governments at all levels and all the departments of the government shall strictly carry out these systems, establish and improve the relevant systems in light of realities, and reform the methods of management so as to work more efficiently. The people's governments at all provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the particular circumstances of their own regions, propose suggestions on relatively centralized power of administrative license, and put them into practice after reporting to the State Council for approval. For the administrative license executed separately by over two departments under the local people's governments according to law, the people's government at the corresponding level shall try to handle them uniformly, jointly and collectively in light of realities, and with active study. The relative departments of the State Council shall support the relatively centralized power of administrative license of the local people's governments, and support the handling of the administrative license uniformly, jointly and collectively. The hearing system shall be earnestly carried out, the specific scope of hearing shall be legally determined, and the personnel presiding over the hearing shall be nailed down, and the rules for hearing shall be formulated. The procedural system for hearing the opinions of the interested party shall be improved so as to make it convenient for the applicants or the interested party to make representation and pleadings. All the governments and departments shall earnestly carry out the provisions on making decisions on administrative license by way of fair competition including bid invitation or auction; any decision on administrative license that can be invited by a public bidding or auctioned shall all be made through bid invitation or auction. V. Reinforcing the supervision over the administrative license. The Administrative License Law has strengthened the system of supervision over the execution of administrative license by the administrative organs, and has made clear regulations concerning the execution of administrative license by the administrative organs and their working staff members, the supervision and inspection, and the responsibility thereof. All the governments and departments shall take effective measures to put these provisions into practice. The system for putting on records of the relevant regulatory documents of the administrative license and the important decisions on administrative license, the system for the appeal and prosecution of a citizen, a legal entity or other organizations on illicit and improper decisions on administrative license, and the statistical system of administrative license shall be established and improved so as to find out and correct the acts of executing administrative license in violation of laws in time. The local people's governments at the county level and above shall spare no efforts to reinforce the supervision and inspection over the execution of the administrative license. The focus of the inspection shall be on whether the administrative license is established according to law, whether the application for administrative license is accepted in accordance with law, whether the decisions on administrative license is examined and made in compliance with law, whether the fees are charged legally, and whether the supervisory duties are implemented according to law. In case any administrative license is executed illegally, it shall be corrected resolutely. Where the legal liability shall be prosecuted, the relevant person liable shall be prosecuted for legal liability according to law. The local people's governments at the county level and above and the departments thereof shall assign institutions to organize and take charge of the work for the supervision and inspection over the execution of administrative license by the administrative organs. VI. Providing necessary safeguard for the routine work of the execution of administrative license. According to the provisions of the Administrative License Law, the expenses needed for the execution of administrative license by an administrative organ shall be brought into the budget of this administrative organ. The financial department at the same level shall ensure the provision of the expenses so as to prevent the combination of the budget expenses of the administrative organ with the fees for execution of administrative license. This problem shall be resolutely put an end to, i. e. the administrative organs solve the expenses for handling official business and the welfares of the personnel by way of illegally charging fees for the execution of administrative license. In case the administrative organs illegally charge fees for the execution of administrative license, or fail to implement the provisions of "two lines for income and expenses", or withhold, embezzle, privately divide or privately divide in disguised form the fees charged for the execution of administrative license, they shall be given severe punishment, and above all, the person directly liable and the responsible person shall be prosecuted for liabilities. VII. Taking the implementation of the Administrative License Law as a turning point for strengthening the building of the legal systems of the government and fully advancing the administration by law. The report of the 16th Party Congress has put forward that "the supervision over the law enforcement activities shall be strengthened so as to enhance the administration by law", which is a new and higher requirement for the legal work of government. The governments at all levels and all the departments of the government shall be fully aware of the importance of doing well the legal work of the government in the new era, and put the construction of legal system of the government and the advancing of the administration by law at an important position and into the important agenda of the work of government. At present, the work of legislation, law enforcement and supervision over law enforcement of the government shall be strengthened by the execution of Administrative License Law, so as to improve earnestly the capability and level of administration by law by the administrative organs. To carry through the Administrative License Law, it is necessary to clean up and improve the relevant systems for administrative license, regulate the acts of the administrative license of the administrative organs, strengthen the supervision over the execution of administrative license. The highly legal and professional character of the work need to be handled specifically by an institution which is both familiar with laws and administration, and relatively independent. The government and the institutions of legal affairs under the government departments shall bear important responsibility in this aspect. The local people's governments at the county level and above and all the departments of the government shall adjust themselves to the requirements of fully advancing the administration by law, take effective measures to further solve the difficulties of the institution of legal affairs concerning the institutions, personnel, and expenses, etc., and enable them to play the full role of counselor or assistant in assisting the government at the same level or the leaders of their own departments to handle the legal affairs. And the institutions of legal affairs shall also strengthen the building of their own organization and business operation, improve their quality so as to perform well their duty as the counselor-at-law for the government and the leaders of their own departments in administration by law. All the governments and departments shall, after receiving the present Circular, in light of the realities of their own regions and departments, make a careful research and put it into effect. The important matters and problems arising from the execution of the Administrative License Law shall be reported to the State Council in time. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|