On the Scope Limit and the Time Limit of the Temporary Administrative License Granted by Local Government Rules

Zehan YU

Abstract


Administrative License Law of the People’s Republic of China authorizes local provincial government rules to grant a temporary administrative license with the purpose of satisfying necessary needs of administrative management when governing laws, administrative laws and regulations and local regulations haven’t been formulated. Since the institution has been put into force, a lot of problems have arisen. For example, the scope of the granting of a temporary administrative license is indeterminate and the phenomenon of overdue implementation prevails. This article has adopted the Scope Theory in light of the scope of the granting of a temporary administrative license and defined the boundary of Scope from the perspective of safeguarding civil rights and interests to the full. When a temporary administrative license has expired, it’s still in force as long as related local regulations are under discussion to guarantee the continuity of administrative management, but a deadline shall be set to avoid overdue implementation. A temporary administrative license, which is due, shall become invalid automatically after expiring as long as related local regulations haven’t been submitted to relevant department for approval. When it has been submitted to the Local People’s Congress and its Standing Committee for discussion of further exercise and related local regulations haven’t been formulated, it shall become invalid automatically after the legal time limit, which is equal to the time announced in the discussion result or the deadline set, expires. When the stop time hasn’t been announced before the due date of the legal time limit, related administrative agencies are liable for the administrative counterpart’s loss incurred during the period of overdue implementation.


Keywords


The right to grant an administrative license in local government rules; Temporary administrative license; Overdue implementation

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DOI: http://dx.doi.org/10.3968/10485

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