People's Republic of China Administrative Law - (Practical Edition)

Author: None
Publisher:
Publish Date: 2007-01-01
Features: Administrative license refers to the act by which administrative organs grant permission to citizens, legal persons, or other organizations to engage in specific activities upon their application, after legally reviewing the application. Generally, the prohibition by law is the prerequisite for the existence of licensed activities, and granting a license is the removal of such prohibition. In other words, if the law stipulates that citizens, legal persons, or other organizations must obtain a license to engage in certain activities, they cannot engage in these activities without a license. For example, one cannot engage in business activities without a business license, or practice law without a lawyer qualification certificate, and so on. The "Administrative Licensing Law" establishes the principle of licensing in accordance with the law, which means that the establishment and implementation of administrative licenses shall comply with the legally prescribed authority, scope, conditions, and procedures. The "Administrative Licensing Law" first introduces the principle of trust protection in law. Licenses legally obtained by citizens, legal persons, or other organizations are protected by law, and administrative organs shall not arbitrarily alter licenses that have taken effect. For the needs of the public interest, administrative organs may legally modify or revoke licenses that have taken effect, and shall compensate citizens, legal persons, or other organizations for property losses caused thereby in accordance with the law. The "Administrative Licensing Law" establishes the principles of convenience and efficiency in administrative licensing, as well as the principles of "openness, fairness, and impartiality," thereby providing legal safeguards for the convenience and transparency of administrative licensing activities.